Search warrant for location of documents relevant to locating property

(1) Where– (a) there are reasonable grounds to believe that a person has been charged with or convicted of an offence, or is or will be involved in the commission of a serious offence; or (b) a police officer or an authorised officer of the Financial Intelligence Unit has reasonable grounds for suspecting that there is, or may be within the next 72 hours, upon any land or upon or in any premises, a document in relation to the offence or in relation to any tainted property, realisable property or the police officer or an authorised officer of the Financial Intelligence Unit may make an application supported by information on oath to a magistrate or a judge for a search warrant in respect of that land or those premises. (2) Where an application is made under sub-section (1) for a warrant to search land or premises, the magistrate or judge may, subject to sub-section (4) issue a warrant authorising a police officer or an authorised officer of the Financial Intelligence Unit, whether or not named in the warrant, with such assistance and by such force as is necessary and reasonable– (a) to enter upon the land or in or upon any premises and to search the land or premises for property of that kind; and (b) to seize property found in the course of the search that the police officer or the authorized officer of the Financial Intelligence Unit believes on reasonable grounds to be property of that kind. 88[CAP. 104 Money Laundering and Terrorism (Prevention) (3) A magistrate or judge shall not issue a warrant under sub- section (2) unless he is satisfied that– (a) a production order has been given in respect of the document and has not been complied with; (b) a production order in respect of the document would be unlikely to be effective; (c) the investigation for the purposes of which the search warrant is being sought might be seriously prejudiced if the police officer or an authorised officer of the Financial Intelligence Unit does not gain immediate access to the document without any notice to any person; or (d) the document involved cannot be identified or described with sufficient particularity to enable a production order to be obtained. (4) A warrant issued under this section shall state– (a) the purpose for which it is issued, including a reference to the nature of the relevant offence; (b) a description of the kind of documents or any tainted property, realisable property or terrorist property authorised to be seized; (c) a time at which the warrant ceases to be in force; and (d) whether entry is authorised to be made at any time of the day or night or during specified hours. (5) If during the course of searching under a warrant issued under this section, a police officer or an authorised officer of the Financial Intelligence Unit finds– (a) a document that the police officer or an authorised officer of the Financial Intelligence Unit believes on reasonable grounds to relate to the relevant offence or to another offence; or (b) anything the police officer or an authorised officer of the Financial Intelligence Unit believes on reasonable grounds will afford evidence as to the commission of a criminal the police officer or an authorised officer of the Financial Intelligence Unit may seize that property or thing and the warrant shall be deemed to authorise such seizure. Cap. 138.02. (6) The powers contained in this section are without prejudice to the powers of the FIU under the Financial Intelligence Unit Act.