Malaysia legislation
Section 35
Section 35
(2)
An officer of the Commission authorized under subsection (1)
may, in relation to the financial institution in respect of which he is so authorized—
(a)
inspect and take copies of any banker’s book, account or any document belonging to or in the possession, custody or control of the financial institution;
(b)
inspect and take copies of any share account, purchase account, expense account or any other account of any person kept in the financial institution;
(c)
inspect the contents of any safe deposit box in the financial institution; or
(d)
request for any other information related to any document, account or article referred to in paragraphs (a), (b)
and (c).
(3)
Notwithstanding anything in subsection (2), an officer of the
Commission authorized under subsection (1) may take possession of any book, document, account, title, securities or cash to which he has access under that subsection where in his opinion—
(a)
the inspection of them, the copying of them, or the taking of extracts from them, cannot reasonably be undertaken without taking possession of them;
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(b)
they may be interfered with or destroyed unless he takes possession of them; or
(c)
they may be needed as evidence in any prosecution for an offence under this Act or any other written law.
(4)
Any person who wilfully fails or refuses to disclose any information or to produce any account, document or article as are referred to in subsection (2) to the officer of the Commission as authorized under 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 two years or to both.
(5)
Where any person discloses any information or produces any account or document or article to an authorized officer of the
Commission, neither the first-mentioned person nor any other person on whose behalf or direction or as whose agent or employee, the first-mentioned person may be acting shall, on account of such disclosure or production, be liable to any prosecution, except a prosecution for an offence under section 27, for any offence under or by virtue of any law, or to any proceeding or claim by any person under or by virtue of any law, or under or by virtue of any contract, agreement or arrangement, or otherwise.
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