1 Response to Can the police check your handphone?

1. Edward Lye says:

   November 19, 2019 at 1:41 am

   Well, it appears that our sleepwaking [redacted] elected lawmakers have given extensive powers to …… wait for it …………… garbage inspectors!

   I don’t understand legalese language but if this was straight English then it appears …. just on suspicion …………. such a duly authorized officer ….. without a warrant …………… can possibly seal the Istana.

   Just for garbage? Just for putting a recyclable aluminum can together with kitchen waste?

   Read and weep.

   excerpts from Act 672 SOLID WASTE AND PUBLIC CLEANSING MANAGEMENT ACT 2007

   Power of investigation

   80. (1) An authorized officer shall have the power to
   investigate the commission of any offence under
   ====================
   this Act.

   (2) Every person required by an authorized officer
   to give information or produce any document or
   other article relating to the commission of any
   offence which is in his power to give shall be
   legally bound to give the information or
   produce the document or other article.

   Search and seizure with warrant

   81. (1) If it appears to a Magistrate, upon written
   information on oath and after such inquiry as
   he considers necessary, that there is a
   reasonable cause to believe that any premises
   have been used or are about to be used for, or
   there is in or on any premises, evidence
   necessary to establish, the commission of an
   offence under this Act, the Magistrate may
   issue a warrant authorizing an authorized
   officer to whom it is directed, at any
   reasonable time by day or night and with or
   without assistance.
   (a) to enter any premises and there search for,
   seize and detain any property, equipment,
   machinery, book, record, document,
   container, receptacle or other article;
   (b) to inspect, make copies of, or take
   extracts from, any book, record, document
   or other article so seized and detained;
   (c) to take possession of, and remove from the
   premises, any property, equipment,
   machinery, book, record, document,
   container, receptacle or other article so
   seized and detain it for such period as may
   be necessary;
   (d) to search any person who is in, or on, such
   premises, and for the purpose of the
   search, detain the person and remove him to
   such place as may be necessary to
   facilitate the search, and seize and detain
   any property or document found on the
   person; or
   (e) to break open, examine, and search any
   container, receptacle or other article.
   (2) An authorized officer acting under subsection
   (1) may, if it is necessary to do so
   (a) break open any outer or inner door of any
   premises and enter the premises;
   (b) forcibly enter any premises and every part
   thereof;
   (c) remove by force any obstruction to the
   entry, search, seizure, detention or
   removal that he is empowered to effect; or
   (d) detain any person found on any premises
   searched under subsection (1) until the
   search is completed.
   (3) If, by reason of its nature, size or amount, it
   is not practicable to remove any property,
   equipment, machinery, book, record, document,
   container, receptacle or other article seized
   under this section, the authorized officer
   making the seizure shall, by any means, seal
   such property, equipment, machinery, book,
   record, document, container, receptacle or
   other article.
   (4) Any person who, without lawful authority,
   breaks, tampers with or damages the seal
   referred to in subsection (3) or removes the
   property, equipment, machinery, book, record,
   document, container, receptacle or other
   article under seal or attempts to do so commits
   an offence and shall, on conviction, be liable
   to a fine not exceeding ten thousand ringgit or
   to imprisonment for a term not exceeding six
   months or to both and in the case of a
   continuing offence be liable to a fine not
   exceeding one thousand ringgit for every day or
   a part of a day during which the offence
   continues after conviction.

   Search and seizure without warrant
   ===============
   82. If an authorized officer is satisfied upon
   information received that he has reasonable cause
   to believe that by reason of delay in obtaining a
   search warrant under section 81 the investigation
   would be adversely affected or evidence of the
   commission of an offence is likely to be tampered
   with, removed, damaged or destroyed, the officer
   may enter the premises and exercise in, upon and in
   respect of the premises all the powers referred to
   in section 81 in as full and ample a manner as if
   he were authorized to do so by a warrant issued
   under that section.

   Access to computerised data

   83. (1) An authorized officer conducting a search under
   this Act shall be given access to computerized
   data whether stored in a computer or otherwise.
   (2) For the purposes of this section, the
   authorized officer shall be provided with the
   =================
   necessary password, encryption code, decryption
   ======== =============== ==========
   code, software or hardware and any other means
   ==== ======== ======== ===============
   required for his access to enable comprehension
   of computerized data.

   Power to stop, search and seize vehicle
   ==============================

   84. (1) If an authorized officer has reasonable cause
   to suspect that any vehicle is carrying any
   thing in respect of which an offence under this
   Act or any regulations made under this Act is
   being or has been committed, he may stop and
   examine the vehicle and may, if on examination
   he has reasonable cause to believe that such
   vehicle is or has been used for the commission
   of such offence, seize the vehicle and any
   thing found in the vehicle that is reasonably
   believed to furnish evidence of the commission
   of the offence.

   (2) The person in control or in charge of the
   vehicle shall, if required to do so by the
   authorized officer—
   (a) stop the vehicle and allow the authorized
   officer to examine it; and
   (b) open all parts of the vehicle for
   examination and take all measures necessary
   to enable or facilitate the carrying out of
   such examination as the authorized officer
   considers necessary.

   (3) Any person who contravenes subsection (2)
   commits an offence and shall, on conviction, be
   liable to a fine not exceeding ten thousand
   ringgit or to imprisonment for a term not
   exceeding six months or to both and in the case
   of a continuing offence be liable to a fine not
   exceeding one thousand ringgit for every day or
   a part of a day during which the offence
   continues after conviction.

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