Malaysia legislation
Section 40
Section 40
Where any rubber 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 debt due to the
Board, by such person and shall be recoverable accordingly.
No costs or damages arising from seizure to be recoverable 41.
No person shall, in any proceedings before any court in respect of the seizure of any rubber 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 42.—
(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 43.—
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;
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(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.
(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