Malaysia legislation
Section 32
Section 32
Power of entry and investigation
The Controller or any officer duly authorized by him or any police officer not below the rank of Inspector may without warrant enter upon any land, premises, vessel or any other property for the purpose of ascertaining whether the provisions of this
Ordinance or its rules or Orders are being complied with, and may conduct such investigation and inspection as he may deem fit, and may call upon any person to produce such documents, books, accounts, articles or other things and to furnish such information as may be considered necessary for the purpose:
Provided that any person not in uniform purporting to exercise any powers under this section shall on demand produce his written authority to exercise these powers to any person lawfully demanding the same.
(2)
The Controller or any officer duly authorized by him or any police officer not below the rank of Inspector in carrying out an investigation under this Ordinance or its rules or orders may examine orally any person who is acquainted or supposed to be acquainted with the facts and circumstances of the case and shall reduce into writing any statement made by the person so examined.
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(3)
The person who is being examined or investigated under subsection (2) shall be bound to answer all questions relating to the case put to him by the Controller, authorized officer or police officer not below the rank of Inspector, as the case may be:
Provided that the person may refuse to answer any question the answer to which would have the tendency to expose him to a criminal charge, penalty or forfeiture.
(4)
A person making a statement under this section shall be legally bound to state the truth, whether or not the statement is made wholly or partly in answer and questions.
(5)
The Controller or any authorized officer or the police officer not below the rank of Inspector, as the case may be, in examining a person under this section shall first inform the person of the provisions of subsections (3) and (4).
(6)
A statement made by a person under this section shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumb-print, as the case may be, after it has been read to him in the language in which he made it and after he has been given an opportunity to make any corrections he may wish, and the Controller, authorized officer or police not below the rank of
Inspector shall endorse thereon under his hand the fact of the refusal and the reasons for it, if any, as stated by the person examined.
(7)
(a)
In carrying out any investigation under this Ordinance, the Controller or any officer authorized by him or any police officer not below the rank of Inspector may arrest without warrant—
(i)
any person reasonably believed to have committed an offence against this Ordinance or its rules or orders; or
(ii)
any person who refuses to give his name and address when it is requested for or if there is reason to doubt the accuracy of the name and the address given.
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(b)
A person arrested under this section shall be taken to a police station and shall be dealt with in accordance with the provisions of the Criminal Procedure Code [Act 593].
[Sub. Cap. A120.]
Power of seizure