LAWS OF MALAYSIA

PART X - GENERAL

Chapter 4 - National Interest Matters
Section 266. Special powers in emergency.

(1) On the occurrence of any public emergency or in the interest of public safety, the Yang di-Pertuan Agong or the Minister authorised by him in that behalf may —

(a) suspend the licence of any licensee, take temporary control of any network facilities, network service, applications service and/or content applications service owned or provided by a licensee in any manner as he deems fit;

(b) withdraw either totally or partially the use of any network facilities, network service, applications service and/or content applications service from any licensee, person or the general public;

(c) order that any communication or class of communications to or from any licensee, person or the general public relating to any specified subject shall not be communicated or shall be intercepted or detained, or that any such communication or its records shall be disclosed to an authorised officer mentioned in the order; or

(d) order the taking of possession of any customer equipment.

(2) If any doubt arises as to the existence of a public emergency or whether any act done under subsection (1) was in the interest of public safety, a certificate signed by the Yang di-Pertuan Agong and exhibited at such places as the Minister deems fit shall be conclusive proof on the point.

(3) If the Minister takes possession of any network facilities, network service, applications service, content applications service or customer equipment under subsection (1), the person licensed under this Act with regard to the facilities, service or equipment shall be paid adequate compensation which shall be determined by the Minister after giving an opportunity to the licensee to be heard on the matter.

(4) Nothing in this section shall prevent the use of any network facilities, network service, applications service, content applications service or customer equipment for the purpose of making a distress call.