Malaysia legislation
Section 24
Section 24
(2)
Where any material to which an order under section 23 relates consists of information contained in or accessible by means of any data equipment—
(a)
an order under paragraph 23(3)(a) shall have effect as an order to produce the material in a form which can be taken away and which is visible, legible and comprehensible; and
(b)
an order under paragraph 23(3)(b) shall have effect as an order to give access to the material in a form which is visible, legible and comprehensible.
(3)
A person is not excused from producing or making available any thing by an order under section 23 on the ground that—
Mutual Assistance in Criminal Matters 33
(a)
the production or making available of the thing might tend to incriminate the person or make the person liable to a penalty; or
(b)
the production or making available of the thing would be in breach of an obligation, whether imposed by law or otherwise, of the person not to disclose the existence of the contents of the thing.
(4)
An order under section 23—
(a)
shall not confer any right to the production of, or of access to, items subject to legal privilege; and
(b)
shall have effect notwithstanding any obligations as to secrecy or other restrictions upon the disclosure of information imposed by law or otherwise.
(5)
An authorized officer may photograph or make copies of any thing produced or to which access is granted pursuant to an order made under section 23.
(6)
Where an authorized officer takes possession of any thing under an order made under section 23 or takes any photograph or makes any copy of the thing pursuant to subsection (5), he shall inform the Attorney General and shall, unless the Attorney General otherwise directs, immediately send the thing or the photograph or copy of the thing to the appropriate authority of the prescribed foreign State concerned.
(7)
In this section, “data equipment” means any equipment which—
(a)
automatically processes information;
(b)
automatically records or stores information;
(c)
can be used to cause information to be automatically recorded, stored or otherwise processed on other equipment, wherever situated;
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(d)
can be used to retrieve information whether the information is recorded or stored in the equipment itself or in other equipment, wherever situated; or
(e)
can be used to carry out any combination of the functions specified in paragraphs (a) to (d).
Immunities in compliance of production order