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Computer Crimes Act 1997 [Act 563]

Part III   cite [+]

ANCILLARY AND GENERAL PROVISIONS

9 Territorial scope of offences under this Act   cite [+]

(1) The provisions of this Act shall, in relation to any person, whatever his nationality or citizenship, have effect outside as well as within Malaysia, and where an offence under this Act is committed by any person in any place outside Malaysia, he may be dealt with in respect of such offence as if it was committed at any place within Malaysia.

(2) For the purposes of subsection (1), this Act shall apply if, for the offence in question, the computer, program or data was in Malaysia or capable of being connected to or sent to or used by or with a computer in Malaysia at the material time.

(3) Any proceeding against any person under this section which would be a bar to subsequent proceedings against such person for the same offence if such offence was committed in Malaysia shall be a bar to further proceedings against him under any written law relating to the extradition of persons, in respect of the same offence outside Malaysia.

10 Powers of search, seizure and arrest   cite [+]

(1) Whenever it appears to any Magistrate upon information and after such inquiry as he thinks necessary that there is reasonable cause to believe that in any premises there is evidence of the commission of an offence under this Act, he may, by warrant directed to any police officer of or above the rank of Inspector, empower the officer to enter the premises, by force if necessary, and there to search for, seize and detain any such evidence and he shall be entitled to-

(a) have access to any program or data held in any computer, or have access to, inspect or check the operation of, any computer and any associated apparatus or material which he has reasonable cause to suspect is or has been in use in connection with any offence under this Act;

(b) require-

(i) the person by whom or on whose behalf the police officer has reasonable cause to suspect the computer is or has been so used; or

(ii) any person having charge of or otherwise concerned with the operation of, the computer, apparatus or material,

to provide him with such reasonable assistance as he may require for the purposes of paragraph (a); and

(c) require any information contained in a computer and accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible.


(2) Whenever it appears to any police officer of or above the rank of Inspector that there is reasonable cause to believe that in any premises there is concealed or deposited any evidence of the commission of an offence under this Act, and the police officer has reasonable grounds for believing that by reason of the delay in obtaining a search warrant the object of the search is likely to be frustrated, he may exercise in and in respect of the premises all the powers mentioned in subsection (1) in as full and ample a measure as if he were empowered to do so by warrant issued under that subsection.

(3) Any police officer may arrest without a warrant any person whom he reasonably believes to have committed or to be committing an offence against this Act, and every offence against this Act shall be deemed to be seizable offence for the purposes of the law for the time being in force relating to criminal procedure.

11 Obstruction of search   cite [+]

(1) A person shall be guilty of an offence if he-

(a) assaults, obstructs, hinders or delays any police officer in effecting entrance to any premises under this Act or in the execution of any duty imposed or power conferred by this Act; or

(b) fails to comply with any lawful demands of a police officer acting in the execution of his duty under this Act.


(2) A person guilty of an offence under this section shall on conviction be liable to a fine not exceeding twenty five thousand ringgit or to imprisonment for a term not exceeding three years or to both.

12 Prosecution   cite [+]

A prosecution under this Act shall not be instituted except by or with the consent of the Public Prosecutor in writing.


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