Power to intercept communications and the admissibility of intercepted communications

(1) Without prejudice to the powers of the Minister responsible for telecommunications the Telecommunications Act, a police officer or an authorized office of the Financial Intelligence Unit may, for the purpose of obtaining evidence of the commission of a money laundering offence, a terrorist financing offence or the proceeds of crime under this Act, apply, ex parte, to a Judge of the Supreme Court, for an interception of communications order. (2) A judge to whom an application is made under sub- section (1), may make an order– (a) requiring a communications service provider to and retain a specified communication or communications of a specified description received or transmitted, or about to be received or transmitted by that communications service provider; (b) authorising the police officer or the authorized officer of the Financial Intelligence Unit, to enter any premises and to install on such premises, any device for the interception and retention of a specified communication or communications of a specified description and to remove and retain such device, if the judge is satisfied that there are reasonable grounds to believe that material information relating to– (i) the commission of an offence under this Act, or (ii) the whereabouts of the person suspected by the police officer or the Financial 96[CAP. 104 Money Laundering and Terrorism (Prevention) Intelligence Unit to have committed the is contained in that communication or communications of that description. (3) Any information contained in a communication– (a) intercepted and retained pursuant to an order under sub-section (2); or (b) intercepted and retained in a foreign state in accordance with the law of that foreign state and certified by a Judge of that foreign state to have been so intercepted and retained, shall be admissible in proceedings for a money laundering offence or terrorist financing offence or for proceedings in relation to the forfeiture of the proceeds of crime or terrorist property under this Act, as evidence of the truth of its contents notwithstanding the fact that it may contain hearsay.