Malaysia legislation
Section 10O
Section 10O
(2)
When in any proceedings for an offence under this Act it is necessary to prove that a person was, or was not, the licensee, a certificate purporting to be signed by the Registrar and certifying that the person was or was not, the licensee, shall be admissible as evidence and shall constitute prima facie proof of the facts certified in such certificate, without proof of the signature or the authority of the Registrar to issue the certificate.
Presumption as to the business of moneylending
10OA. Where in any proceedings against any person, it is alleged that such person is a moneylender, the proof of a single loan at interest made by such person shall raise a presumption that such person is carrying on the business of moneylending, until the contrary is proved.
Evidence and records of previous conviction
10OB. (1) For the purposes of sentencing under this Act, when it is necessary to prove in any court that the offence for which a person is being convicted is a second or subsequent offence, a certificate purporting to be a record of his previous conviction, signed by—
42 Laws of Malaysia ACT 400
(a)
the Registrar; or
(b)
any police officer authorized in writing in that behalf by the Chief Police Officer or Commissioner of Police, having custody of the records in which such conviction is kept, shall be admissible as evidence and shall constitute prima facie proof of any fact stated therein.
(2)
The certificate under subsection (1) shall only be admissible if it is a record in respect of the same offence and the conviction is obtained within five years from the date of the present conviction.
Diary of proceedings in investigation
10OC. (1) Every Inspector or police officer making an investigation under this Act shall day by day enter his proceedings in the investigation in a diary setting forth—
(a)
the time at which the order to investigate, if any, reached him;
(b)
the time at which he began and closed the investigation;
(c)
the place or places visited by him; and
(d)
a statement of the circumstances ascertained through his investigation.
(2)
Notwithstanding anything contained in the Evidence Act 1950
[Act 56], an accused person shall not be entitled, either before or in the course of any proceedings under this Act, to call for or inspect any such diary:
Provided that if the Inspector or police officer who has made the investigation refers to the diary for the purposes of section 159 or 160
of the Evidence Act 1950, only such entries as the officer has referred to shall be shown to the accused, and the court shall at the request of
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the Inspector or police officer cause any other entries to be concealed from view or obliterated.