Malaysia legislation
Section 23
Section 23
(2)
An application for an order under subsection (3) in relation to any thing in the possession of a financial institution shall be made only to the High Court.
(3)
If, on such an application, the court is satisfied that the conditions referred to in subsection (4) are fulfilled, it may make an order that the person who appears to the court to be in possession of the thing to which the application relates shall—
(a)
produce the thing to an authorized officer for him to take away; or
(b)
give an authorized officer access to the thing, within seven days of the date of the order or such other period as the court considers appropriate.
(4)
The conditions referred to in subsection (3) are—
(a)
that there are reasonable grounds for suspecting that a specified person has committed or benefited from a foreign serious offence;
(b)
that there are reasonable grounds for believing that the thing to which the application relates—
(i)
is relevant to the criminal matter in respect of which the application was made; and
(ii)
does not consist of or include items subject to legal privilege; and
(c)
that the court is satisfied that it is not contrary to the public interest or to any written law for the thing to be produced or access to it to be given.
32 Laws of Malaysia ACT 621
(5)
The proceedings referred to in subsection (3) may be conducted in the presence or absence of the person to whom the criminal proceedings in the prescribed foreign State relates or of his legal representative, if any.
(6)
No person who is required by an order under this section to produce or make available any thing for the purposes of any criminal proceedings in a prescribed foreign State shall be required to produce any thing that the person could not be compelled to produce in the proceedings in that prescribed foreign State.
(7)
A duly certified foreign law immunity certificate is admissible in proceedings under this section as prima facie evidence of the matters stated in the certificate.
Supplementary provisions regarding production order