Labuan Offshores Trusts Act 1996 · s 8A

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8A.
Secrecy
(1) Subject to subsection (3), no person who has by any means access to any record, book, register, correspondence, document, material or information, relating to the business and affairs of a
Labuan trust shall give, divulge, reveal, publish or otherwise disclose to any person such record, book, register, correspondence, document, material or information.
(2) All proceedings (other than criminal proceedings) relating to a
Labuan trust commenced in any court under the provisions of this
Act and any appeal therefrom, shall, unless the court otherwise

16                                    Laws of Malaysia                               ACT 554
orders, be heard in camera and no details of the proceedings shall be published by any person without leave of the court.
(3) Subsection (1) shall not apply where disclosure is required—
(a)  pursuant to an order by any court of competent jurisdiction in any proceedings;
(b)  for the purpose of the performance of the Authority’s supervisory functions as may be provided for under the
Labuan Financial Services Authority Act 1996;
(c)  pursuant to section 22 of the Labuan Business Activity
Tax Act 1990; or
(d)  with the consent of the Labuan trust.
(4) Where an order referred to in paragraph (3)(a) has been obtained by an ex-parte application, the trustee may notify the person affected by the order and upon receipt of such notification, the affected person may file in the necessary application to the court to contest the order or otherwise comply with the order accordingly;
(5) A person who contravenes subsection (1) commits an offence.

Penalty:  Imprisonment for three years or one million ringgit or both.
(6) Nothing in this section shall prevent any court from exercising its discretion to require any person to produce any document or to give any evidence in any proceedings before the court which is relevant to those proceedings.

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s 8ASecrecy

(1)

Subject to subsection (3), no person who has by any means access to any record, book, register, correspondence, document, material or information, relating to the business and affairs of a

Labuan trust shall give, divulge, reveal, publish or otherwise disclose to any person such record, book, register, correspondence, document, material or information.

(2)

All proceedings (other than criminal proceedings) relating to a

Labuan trust commenced in any court under the provisions of this

Act and any appeal therefrom, shall, unless the court otherwise

16 Laws of Malaysia ACT 554

orders, be heard in camera and no details of the proceedings shall be published by any person without leave of the court.

(3)

Subsection (1) shall not apply where disclosure is required—

(a)

pursuant to an order by any court of competent jurisdiction in any proceedings;

(b)

for the purpose of the performance of the Authority’s supervisory functions as may be provided for under the

Labuan Financial Services Authority Act 1996;

(c)

pursuant to section 22 of the Labuan Business Activity

Tax Act 1990; or

(d)

with the consent of the Labuan trust.

(4)

Where an order referred to in paragraph (3)(a) has been obtained by an ex-parte application, the trustee may notify the person affected by the order and upon receipt of such notification, the affected person may file in the necessary application to the court to contest the order or otherwise comply with the order accordingly;

(5)

A person who contravenes subsection (1) commits an offence.

Penalty: Imprisonment for three years or one million ringgit or both.

(6)

Nothing in this section shall prevent any court from exercising its discretion to require any person to produce any document or to give any evidence in any proceedings before the court which is relevant to those proceedings.