Malaysia legislation
Section 44
Section 44
Where any sago product and nipah product, thing, book, document, or other article seized under this Ordinance is held in the custody of the Board pending completion of any proceedings in respect of any offence under this Ordinance, the cost of holding it in custody shall, in the event of any person being convicted of such offence, be a
30
debt due to the Board, by such person and shall be recoverable accordingly.
No costs or damages arising from seizure to be recoverable 45.
No person shall, in any proceedings before any court in respect of the seizure of any sago product and nipah product, thing, book, document or other article seized in the exercise or the purported exercise of any powers conferred under this Ordinance, be entitled to the costs of such proceedings or to any damages or other relief unless such seizure was made without reasonable cause.
Access to computerized data 46.—
(1)
An authorized officer conducting a search under this
Ordinance shall be given access to computerized data whether stored in a computer or otherwise.
(2)
For the purpose of this section, “access”—
(a)
includes being provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of computerized data; and
(b)
has the same meaning assigned to it in subsections 2(2)
and (5) of the Computer Crimes Act 1997 [Act 563].
Additional powers of an authorized officer 47.—
An authorized officer shall, for the purposes of the execution of this Ordinance, have power to do all or any of the following acts:
(a)
to require the production of records, accounts, computerized data and documents from any person in relation to any case or offence under this Ordinance and to inspect, examine, download and make copies of them;
(b)
to require the production of any identification document from any person in relation to any case or offence under this Ordinance; or
(c)
to make such inquiry as may be necessary to ascertain whether the provisions of this Ordinance have been complied with.
31
(2)
A person who fails to comply with a request made under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding thirty thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Obstruction of authorized officer 48.
Any person who obstructs, impedes, assaults, or interferes with any authorized officer in the performance of his powers under this
Ordinance commits an offence.
Power to conduct prosecutions 49.—
Prosecutions for offences committed under this
Ordinance or its subsidiary legislations may be conducted by the Public
Prosecutor or any person authorized in writing by him under section 377 of the Criminal Procedure Code [Act 593].
Abetments and attempts punishable as offences 50.—
(1)
A person who abets the commission of or who attempts to commit any offence under this Ordinance shall be guilty of that offence and shall, on conviction, be liable to the punishment provided for the offence.
(2)
A person who does any act preparatory to or in furtherance of the commission of any offence under this Ordinance shall be guilty of that offence and shall, on conviction, be liable to the punishment provided for the offence.
False information 51.
A person who makes, orally or in writing, signs or furnishes any declaration, return, certificate or other document or information required under this Ordinance, which is untrue, inaccurate, or misleading in any particular shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding thirty thousand ringgit or to imprisonment for a term not exceeding one year, or to both.
Offences by body corporate 52.—
(1)
If a body corporate commits an offence under this
Ordinance, a person who at the time of the commission of the offence
32
was a director, a member of the management committee, a member of the subsidiary management committee, a member of the joint management committee, chief executive officer, manager, secretary or other similar officer of the body corporate or was purporting to act in any such capacity or was in any manner or to any extent responsible for the management of any of the affairs of the body corporate or was assisting in such management–
(a)
may be charged severally or jointly in the same proceedings with the body corporate; and
(b)
if the body corporate is found guilty of the offence, shall be deemed to be guilty of that offence unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves–
(i)
that the offence was committed without his knowledge, consent, or connivance; and
(ii)
that he had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence.
Compounding of offences 53.—
(1)
The Board or any authorized officer may, compound any offence committed by any person under this Ordinance or its subsidiary legislations by accepting from the person reasonably suspected of having committed such offence a sum of money not exceeding fifty per centum of the amount of the maximum fine for that offence, within the time specified in the offer.
(2)
An offer to compound under subsection (1) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted.
(3)
Where the amount specified in the offer to compound under subsection (1) is not paid within the time specified in the offer, or within such extended period as the Board may grant, prosecution for that offence may be instituted at any time after such period against the person to whom the offer to compound was made.
33
(4)
Where an offence has been compounded under subsection
(1)
, no prosecution shall be instituted after that in respect of the offence against the person to whom the offer to compound was made and any sago product and nipah product, thing, book, document or other article seized in connection with the offence may be released or forfeited by the Board, subject to such terms and conditions as may be imposed in accordance with the conditions of the compound.
General Penalty 54.
Any person who commits an offence under this Ordinance for which no penalty is expressly provided shall, on conviction, be liable to a fine not exceeding thirty thousand ringgit or to imprisonment for a term not exceeding one year, or to both.