Malaysia legislation
Section 79
Section 79
(2)
Without affecting the generality of subsection (1), the warrant issued by the Magistrate may authorize the search and seizure of—
Laws of Malaysia ACT 741
56
(a)
any book, record, account, or other document, including computerized data which contains or is reasonably suspected to contain information as to any offence so suspected to have been committed or is otherwise necessary to conduct an investigation into an offence;
(b)
any signboard, card, letter, pamphlet, leaflet or notice representing or implying that the person has a licence issued under this Act; or
(c)
any document, equipment, instrument or article that is reasonably believed to furnish evidence of the commission of the offence.
(3)
An authorized officer conducting a search under subsection (1)
may, for the purpose of investigating into the offence, search any person who is in or on the premises.
(4)
An authorized officer may detain any person found on any premises searched under subsection (3) until the search is completed.
(5)
An authorized officer making a search of a person under subsection (3) may seize or take possession of, and place in safe custody all things, other than the necessary clothing found upon the person, and any other things which there is reason to believe were the instruments or other evidence of the offence, and they may be detained until the discharge or acquittal of the person.
(6)
No person shall be searched except by another person of the same gender, and such search shall be conducted with strict regard to decency.
(7)
If, by reason of its nature, size or amount, it is not practicable to remove any book, record, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter seized under this section, the authorized officer shall by any means seal such book, record, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter in the premises or container in which it is found.
Postal Services 57
(8)
A person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (7) or removes any book, record, account, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or matter under seal or attempts to do so commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Warrant admissible notwithstanding defects