Malaysia legislation
Section 48
Section 48
(a)
knows or has reasonable grounds to suspect that an authorized officer is acting, or is proposing to act, in connection with an investigation which is being, or is about to be, conducted under or for the purposes of this Act and discloses to any other person information or any other matter which is likely to prejudice that investigation or proposed investigation; or
(b)
knows or has reasonable grounds to suspect that a disclosure has been made to an authorized officer and discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure, commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Act 861
(2)
Nothing in subsection (1) makes it an offence for an advocate and solicitor or his employee to disclose any information or other matter—
(a)
to his client or the client’s representative in connection with the giving of advice to the client in the course and for the purposes of the professional employment of the advocate and solicitor; or
(b)
to any person in contemplation of, or in connection with and for the purpose of, any legal proceedings.
(3)
Subsection (2) does not apply in relation to any information or other matter which is disclosed with a view to furthering any illegal purpose.
(4)
In any proceedings against a person for an offence under this section, it is a defence to prove that—
(a)
he did not know or suspect that the disclosure made under paragraph (1)(b) was likely to prejudice the investigation;
or
(b)
he had lawful authority or reasonable excuse for making the disclosure.
(5)
An authorized officer or any other person does not commit an offence under this section in respect of anything done by him in the course of acting in connection with the enforcement or intended enforcement, of this Act.
Search warrant valid notwithstanding defects