Malaysia legislation
Section 26
Section 26
Disclosure of interest
(2)
If the Chairman is of the opinion that the member’s interest is in conflict with the member’s duties, the Chairman shall inform all the parties, including the appellants and the respondents, to the matter of the conflict.
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(3)
If none of the parties to the matter objects to the conflict, the member may continue to execute his duties as a member of the Tribunal in relation to that matter.
(4)
If a party to the matter objects to the conflict, the member shall not continue to execute his duties as a member of the
Tribunal in relation to that matter.
(5)
The failure by a member to disclose his interest in the matter shall subject him to the relevant disciplinary measures under section 20 or 25.
Secretary of Appeal Tribunal and other officers 26a. (1) The Minister shall designate a public officer as a Secretary of the Appeal Tribunal to assist the Appeal Tribunal in carrying out its function under this Act.
(2)
The Minister may designate such number of other public officers as the Minister thinks fit to assist the Secretary in carrying out his function under subsection (1).
(3)
For the purpose of this Act, the Secretary and the officers designated under subsection (2) shall be deemed to be officers of the Appeal Tribunal.
Obligation of secrecy 26b. (1) Except for this Part or for the purposes of any civil or criminal proceedings under any written law, or where authorized by the Minister—
(a)
the Chairman, members of the Appeal Tribunal or any officer of the Appeal Tribunal shall not, during the time he serves as such Chairman, member or officer, disclose any information obtained by him in the course of his duties; and
(b)
no other person who has, by any means, access to any information or document relating to the affairs of the
Appeal Tribunal shall disclose such information or document.
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(2)
A person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three months or to both.
Public servants and public officers 26c. The Chairman and all members and officers of the Appeal
Tribunal, while discharging their duties as the Chairman and such members and officers, shall be deemed to be public servants within the meaning of the Penal Code [Act 574], and to be public officers for the purposes of the Criminal Procedure Code
[Act 593].
Application of Public Authorities Protection Act 1948 26d. The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Appeal Tribunal, Chairman or any member or officer of the
Appeal Tribunal in respect of any act, neglect or default done or committed by him in such capacity.
Act or omission done in good faith 26e. No action or suit shall be instituted or maintained in any court against—
(a)
the Appeal Tribunal;
(b)
the Chairman or any member of the Appeal Tribunal;
(c)
the Secretary or any other officer of the Appeal Tribunal;
or
(d)
a person authorized to act for and on behalf of the Appeal
Tribunal, for any act or omission done in good faith in the performance of its or his functions and the exercise of its or his powers under this Act and any subsidiary legislation made under this Act.
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