Malaysia legislation
Section 30
Section 30
(a)
order any person to attend before him for the purpose of being examined orally in relation to any matter which may, in his opinion, assist in the investigation into the offence;
(b)
order any person, to produce before him, within the time specified by such officer, any book, document, records, accounts or computerized data, or any certified copy thereof, or any other article which may, in his opinion, assist in the investigation into the offence;
Malaysian Anti-Corruption Commission 35
(c)
by written notice order any person to furnish a statement in writing made on oath or affirmation setting out therein all such information which may be required under the notice, being information which, in such officer’s opinion, would be of assistance in the investigation into the offence, within the time specified by such officer;
and
(d)
order any person to attend before him for the purpose of having his handwriting or voice sample taken.
(2)
Paragraph (1)(b) shall not apply to banker’s books.
(3)
A person to whom an order has been given under paragraph (1)(a) shall—
(a)
attend in accordance with the terms of the order to be examined, and shall continue to attend from day to day where so directed until the examination is completed;
and
(b)
during such examination, disclose all information which is within his knowledge, or which is available to him, in respect of the matter in relation to which he is being examined, and answer any question put to him truthfully and to the best of his knowledge and belief, and shall not refuse to answer any question on the ground that it tends to incriminate him or his spouse.
(4)
A person to whom an order has been given under paragraph (1)(b) shall not conceal, destroy, alter, remove from
Malaysia, or deal with, expend, or dispose of, any book, document, record, account or computerized data, or article specified in the order, or alter or deface any entry in any such book, document, record, account or computerized data or cause such act to be done, or assist or conspire to do such act.
(5)
A person to whom a written notice has been given under paragraph (1)(c) shall, in his statement, furnish and disclose truthfully all information required under the notice which is within his knowledge, or which is available to him, and shall not refuse to furnish or disclose the information on the ground that it tends to incriminate him or his spouse.
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Act 694
(6)
A person to whom an order or a notice is given under subsection (1) shall comply with such order or notice and with subsections (3), (4) and (5), notwithstanding any written law or rule of law to the contrary.
(7)
(Deleted by Act A1567).
(8)
A statement of a person examined under paragraph (1)(a)
shall be recorded in writing by any officer of the Commission and the statement so recorded shall be read to and signed by the person, and where such person refuses to sign the record, the officer shall endorse thereon under his hand the fact of such refusal and the reasons therefor, if any, stated by the person examined.
(9)
The record of an examination under paragraph (1)(a), or a written statement on oath or affirmation made pursuant to paragraph (1)(c), or any book, document, record, account or computerized data, or article produced under paragraph (1)(b)
or otherwise in the course of an examination under paragraph (1)(a), or under a written statement on oath or affirmation made pursuant to paragraph (1)(c), or record of examination of sample taken under paragraph (1)(d) shall, notwithstanding any written law or rule of law to the contrary, be admissible in evidence in any proceedings in any court—
(a)
for an offence under this Act; or
(b)
for the forfeiture of property pursuant to section 40
or 41, regardless whether such proceedings are against the person who was examined, or who produced the book, document, record, account or computerized data, or article, or who made the written statement on oath or affirmation, or against any other person.
(10)
Any person who contravenes this section commits an offence.
Power of search and seizure