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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.