Malaysia legislation
Section 90
Section 90
(2)
An investigating officer may order, orally or in writing, a person whom he believes to be acquainted with the facts and circumstances of the case—
(a)
to attend before him for examination;
(b)
to produce before him, within the time specified by such officer, any property, record, report, document, apparatus, equipment, machinery, computer, computer output, system, data, books, information, article or thing which may assist in the investigation into the offence or breach; or
(c)
to furnish to him a statement in writing made on oath or affirmation setting out such information as he may require.
(3)
Any person who contravenes subsection (2) commits an offence and shall on conviction be liable to imprisonment for a term not exceeding eight years or to a fine not exceeding twenty-five million ringgit or to both.
Development Financial Institutions 105
(4)
The person examined under subsection (2) shall be legally bound to answer all questions relating to such case put to him by the investigating officer, but he may refuse to answer any question the answer of which would have a tendency to expose him to a criminal charge or penalty or forfeiture.
(5)
A person making a statement under paragraph (2)(c) shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to the questions of the investigating officer.
(6)
An investigating officer examining a person under subsection (2) shall first inform that person of the provisions of subsections (4) and (5).
(7)
A statement made by any person under paragraph (2)(c) shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumb print—
(a)
after it has been read to him in the language in which he made it; and
(b)
after he has been given an opportunity to make any correction he may wish.
(8)
Any person who—
(a)
fails to appear before an investigating officer as required under paragraph (2)(a);
(b)
refuses to answer any question put to him by an investigating officer under subsection (4); or
(c)
furnishes to an investigating officer any information or statement that is false or misleading in any material particular, commits an offence and shall on conviction be liable to imprisonment for a term not exceeding eight years or to a fine not exceeding twenty-five million ringgit or to both.
106
Admissibility of evidence