Malaysia legislation
Section 14
Section 14
(a)
has any information, particulars or document that is relevant to the performance of the Chief Executive’s duties and powers under this Act; or
(b)
is capable of giving any evidence which the Chief
Executive has reasonable grounds to believe is relevant to the performance of the Chief Executive’s duties and powers under this Act, the Chief Executive may, by notice in writing, direct that person—
(A)
to give any such information or particulars to the Chief
Executive in the form and manner and within the period as specified in the notice or such extended period as the Chief Executive may grant;
(B)
to produce any such document, whether in physical form or in electronic media, to the Chief Executive in the manner and within the period as specified in the notice or such extended period as the Chief Executive may grant;
(C)
to make copies of any such document and to produce those copies to the Chief Executive in the manner and within the period as specified in the notice or such extended period as the Chief Executive may grant;
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(D)
if the person is an individual, to appear before an authorized officer at the time and place specified in the notice to give any evidence, either orally or in writing, and produce any document, whether in physical form or in electronic media, in the manner and within the period as specified in the notice or such extended period as the Chief Executive may grant;
(E)
if the person is a body corporate or a public body, to cause a competent officer of the body corporate or public body to appear before an authorized officer at the time and place specified in the notice to give any evidence, either orally or in writing, and produce any document, whether in physical form or in electronic media, in the manner and within the period as specified in the notice or such extended period as the Chief Executive may grant; or
(F)
if the person is a partnership, to cause an individual who is a partner in the partnership or an employee of the partnership to appear before an authorized officer at the time and place specified in the notice to give any evidence, either orally or in writing, and produce any document, whether in physical form or in electronic media, in the manner and within the period as specified in the notice or such extended period as the Chief
Executive may grant.
(2)
Where the Chief Executive directs any person to produce any document under subsection (1) and the document is not in the custody of that person, that person shall—
(a)
state, to the best of his knowledge and belief, where the document may be found; and
(b)
identify, to the best of his knowledge and belief, the last person who had custody of the document and state, to the best of his knowledge and belief, where that last-mentioned person may be found.
(3)
Any person directed to give or produce any information, particulars or documents or copies of any document under subsection (1), shall ensure that the information, particulars or documents or copies of the document given or produced are true, accurate and complete and such person shall provide an express
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representation to that effect, including a declaration that he is not aware of any other information, particulars or document which would make the information, particulars or document given or produced untrue or misleading.
(4)
Where any person discloses any information or particulars or produces any document in response to a notice in writing under this section, such person, his agent or employee, or any other person acting on his behalf or under his directions, shall not, by reason only of such disclosure or production, be liable to prosecution for any offence under any written law, or to any proceedings or claim by any person under any law or under any contract, agreement or arrangement, or otherwise.
(5)
Subsection (4) shall not bar, prevent or prohibit the institution of any prosecution for any offence as provided by this section or the disclosure or production of false information or document in relation to a notice in writing under this section furnished to the Chief Executive pursuant to this section.
(6)
Any person who fails to comply with the directions of the
Chief Executive under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.
(7)
Any person who contravenes subsection (2) or (3) commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.