Malaysia legislation
Section 22
Section 22
(2)
If the Attorney General authorizes the taking of the evidence under subsection (1), a Sessions Court Judge shall—
(a)
take the evidence on oath of each witness appearing before him to give evidence in relation to the criminal matter as if the witness were giving evidence on a charge against a person for an offence against the laws of Malaysia;
(b)
cause the evidence to be reduced into writing and certify at the end of that writing that the evidence was taken by him;
and
(c)
cause the evidence so certified to be sent to the Attorney
General.
(3)
The proceedings may be conducted in the presence or absence of the person to whom the criminal proceedings in the prescribed foreign State relates or of his legal representative, if any.
(4)
The Sessions Court Judge conducting proceedings under subsection (2) shall allow the following persons to have legal representation at the proceedings before the Sessions Court Judge:
(a)
the person to whom the proceedings in the prescribed foreign State relates;
(b)
any other person giving evidence or producing any materials or articles at the proceedings before the Sessions
Court Judge; and
(c)
the appropriate authority of the prescribed foreign State.
(5)
The certificate referred to in subsection (2) shall state whether the person to whom the criminal proceedings in the prescribed foreign State relates or his legal representative, if any, was present at the proceedings.
30 Laws of Malaysia ACT 621
(6)
The laws for the time being in force with respect to the compelling of persons to attend before a Sessions Court Judge, and to give evidence, answer questions and produce materials or articles shall, in so far as they are applicable, apply for the purposes of this section as if it were a hearing of a charge against a person for an offence against the laws of Malaysia.
(7)
Notwithstanding subsection (6), for the purposes of this section, the person to whom the criminal proceedings in the prescribed foreign State relates is competent, but not compellable, to give evidence.
(8)
Notwithstanding subsection (6), no person who is required under this section to give evidence for the purposes of any criminal proceedings in a prescribed foreign State shall be required to answer any question that the person could not be compelled to answer in those proceedings in that prescribed foreign State.
(9)
A duly certified foreign law immunity certificate is admissible in proceedings under this section as prima facie evidence of the matters stated in the certificate.
(10)
Evidence taken under this section shall not be admissible in evidence or otherwise used for the purposes of any judicial proceedings, disciplinary proceedings, or other proceedings in
Malaysia except in a prosecution of the person who gave that evidence for the offence of perjury or contempt of court in respect of that evidence.
(11)
Notwithstanding subsection (10), evidence taken under this section may be used for impeaching the credibility of the person who gave the evidence in any judicial proceedings for the purposes under the Evidence Act 1950.
Production order for criminal matters