Malaysia legislation

Section 48

of *DANGEROUS DRUGS (FORFEITURE OF PROPERTY) ACT 1988

Section 48

(2)

The examination under subsection (1) shall be in relation to such drug-related matter as may be specified by the foreign government or the foreign authority, and the person shall answer all questions put to him by the senior police officer, or the Deputy Public Prosecutor, either at his own instance or in accordance with any written interrogatories received from the foreign government or the foreign authority.

(3)

In recording any evidence under this section there shall be excluded all evidence which is inadmissible under

Malaysian law relating to evidence in criminal proceedings, or any evidence which is stated by the senior police officer or the

Deputy Public Prosecutor to be inadmissible under the law of the foreign country.

Dangerous Drugs (Forfeiture of Property) 71

(4)

A person who is ordered by a senior police officer or a Deputy Public Prosecutor to appear before a Magistrate for examination under this section shall comply with the terms of such order and shall continue to attend for such examination from day to day or as directed by the Magistrate or the senior police officer or the Deputy Public Prosecutor until the examination is completed.

(5)

A person who is being examined by a Magistrate under this section shall be entitled to be represented at the examination by an advocate who may put to such person all such questions as may be relevant to the matter in respect of which the person is being examined, but only after his examination by the senior police officer or the Deputy Public Prosecutor has been completed, and where such questions have been put by the advocate, the senior police officer or the Deputy Public

Prosecutor shall be entitled to examine the person in relation to those questions and his answers thereto.

(6)

Any person who—

(a)

contravenes subsection (4); or

(b)

fails to answer, or answers falsely, any question put to him during an examination under this section, except a question which he is not compellable to answer under the Malaysian law relating to evidence in criminal proceedings, shall be guilty of an offence under this Act.

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