Malaysia legislation
Section 36
Section 36
(a)
require that person to furnish a statement in writing on oath or affirmation—
(i)
identifying every property, whether movable or immovable, whether within or outside Malaysia, belonging to him or in his possession, or in which he has any interest, whether legal or equitable, and specifying the date on which each of the properties so identified was acquired and the
Malaysian Anti-Corruption Commission 43
manner in which the property was acquired, whether by way of any dealing, bequest, devise, inheritance, or any other manner;
(ii)
identifying every property sent out of Malaysia by him during such period as may be specified in the notice;
(iii)
setting out the estimated value and location of each of the properties identified under subparagraphs
(i)
and (ii), and if any of such properties cannot be located, the reason therefor;
(iv)
stating in respect of each of the properties identified under subparagraphs (i) and (ii) whether the property is held by him or by any other person on his behalf, whether the property has been transferred, sold to, or kept with any person, whether the property has been diminished in value since its acquisition by him, and whether the property has been commingled with other property which cannot be separated or divided without difficulty;
(v)
setting out all other information relating to his properties, business, travel, or other activities as may be specified in the notice; and
(vi)
setting out all his sources of income, earnings or assets;
(b)
require any relative or associate of the person referred to in paragraph (1)(a), or any other person whom the officer of the Commission of the rank of Commissioner and above has reasonable grounds to believe is able to assist in the investigation, to furnish a statement in writing on oath or affirmation—
(i)
identifying every property, whether movable or immovable, whether within or outside Malaysia, belonging to him or in his possession, or in which such person has any interest, whether legal or equitable, and specifying the date on which each of the properties identified was acquired and
44
Act 694
the manner in which the property was acquired, whether by way of any dealing, bequest, devise, inheritance, or any other manner;
(ii)
identifying every property sent out of Malaysia by him during such period as may be specified in the notice;
(iii)
setting out the estimated value and location of each of the properties identified under subparagraphs
(i)
and (ii), and if any of such properties cannot be located, the reason therefor;
(iv)
stating in respect of each of the properties identified under subparagraphs (i) and (ii) whether the property is held by him or by any other person on his behalf, whether the property has been transferred, sold to, or kept with any person, whether the property has been diminished in value since its acquisition by him, and whether the property has been commingled with other property which cannot be separated or divided without difficulty;
(v)
setting out all other information relating to each of the properties identified under subparagraphs
(i)
and (ii), and the business, travel, or other activities of such person; and
(vi)
setting out all the sources of income, earnings or assets of such person; and
(c)
require any officer of any financial institution, or any person who is in any manner or to any extent responsible for the management and control of the affairs of any financial institution, to furnish copies of any or all accounts, documents and records relating to any person to whom a notice may be issued under paragraph (a)
or (b).
(2)
Every person to whom a notice is sent by the officer of the Commission of the rank of Commissioner and above under subsection (1) shall, notwithstanding any written law or rule of law to the contrary, comply with the terms of the notice within such
Malaysian Anti-Corruption Commission 45
time as may be specified therein, and any person who willfully neglects or fails to comply with the terms of the notice commits an offence and shall on conviction be liable to imprisonment for a term not exceeding five years and to a fine not exceeding one hundred thousand ringgit.
(3)
Where the officer of the Commission of the rank of
Commissioner and above has reasonable grounds to believe that any person who has been served with the written notice referred to in subsection (1) owns, possesses, controls or holds any interest in any property which is excessive, having regard to his present and past emoluments and all other relevant circumstances, such officer of the Commission may by written direction require him to furnish a statement on oath or affirmation explaining how he was able to own, possess, control or hold such excess and if he fails to explain satisfactorily such excess, he commits an offence and shall on conviction be liable to—
(a)
imprisonment for a term not exceeding twenty years; and
(b)
a fine which is not less than five times the value of the excess, if the excess is capable of being valued, or ten thousand ringgit, whichever is the higher.
(4)
Every person to whom a direction is sent by such officer of the Commission of the rank of Commissioner and above under subsection (3) shall, notwithstanding any written law or rule of law to the contrary, comply with the terms of the direction within such time as may be specified in the direction, and if such person willfully neglects or fails to comply with such direction, he commits an offence and shall on conviction be liable to—
(a)
imprisonment for a term not exceeding twenty years; and
(b)
a fine which is not less than five times the value of the excess, if the excess is capable of being valued, or ten thousand ringgit, whichever is the higher.
(5)
Every person to whom a notice or direction is sent by an officer of the Commission of the rank of Commissioner and above under this section shall be legally bound to state the truth and shall disclose all information which is within his knowledge, or which is available to him, or which is capable of being obtained by him.
46
Act 694
(6)
Where any person discloses an information or produces any accounts, documents or records, in response to a notice under subsection (1), such person, his agent or employee, or any other person acting on his behalf or under his direction, shall not, by reason only of such disclosure or production, be liable to prosecution 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.
(7)
Subsection (6) shall not bar, prevent or prohibit the institution of any prosecution for any offence—
(a)
as provided by this section;
(b)
of giving false evidence in relation to any statement on oath or affirmation furnished to an officer of the
Commission of the rank of Commissioner and above pursuant to this section; or
(c)
provided for in section 27.
Order not to part with, deal in, movable property in financial institution, etc.