Malaysia legislation
Section 126
Section 126
Professional communications
(a)
any such communication made in furtherance of any illegal purpose;
(b)
any fact observed by any advocate in the course of his employment as such showing that any crime or fraud has been committed since the commencement of his employment.
(2)
It is immaterial whether the attention of the advocate was or was not directed to the fact by or on behalf of his client.
Explanation—The obligation stated in this section continues after the employment has ceased.
(a)
A, a client, says to B, an advocate: “I have committed forgery and
I wish you to defend me.”
As the defence of a man known to be guilty is not a criminal purpose this communication is protected from disclosure.
(b)
A, a client, says to B, an advocate: “I wish to obtain possession of property by the use of a forged deed on which I request you to sue.”
This communication being made in furtherance of a criminal purpose is not protected from disclosure.
(c)
A, being charged with embezzlement, retains B, an advocate, to defend him. In the course of the proceedings B observes that an entry has been made in A’s account book, charging A with the sum said to have been embezzled, which entry was not in the book at the commencement of his employment.
Act 56
This being a fact observed by B in the course of his employment, showing that a fraud has been committed since the commencement of the proceedings, it is not protected from disclosure.
Section 126 to apply to interpreters, etc.