Witness Protection Act 2009 · Updated to 1 Sep 2019 · Part II · Witness Protection Programme
8. Witness to disclose certain matters
Feedback & supportIn an application under section 7, a witness shall—
witness
“witness” means— (a) a person who has given or who has agreed to give evidence on behalf of the Government in a criminal proceeding; (b) a person who has given or who has agreed to give evidence, otherwise than as mentioned in paragraph (a), in relation to the commission or possible commission of an offence; (c) a person who has provided any information, a statement or assistance to a public officer or an officer of a public authority in relation to an offence; (d) a person who, for any other reason, may require protection or assistance under the Programme; or (e) a person who, because of his relationship to or association with any of the persons referred to in paragraphs (a) to (d), may require protection or assistance under the Programme. Witness Protection 7
disclose to the Director General details of all outstanding legal obligations of the witness;
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disclose to the Director General details of any outstanding debts of the witness, including any outstanding tax;
disclose to the Director General details of the criminal history of the witness which includes orders relating to sentences imposed on the witness;
disclose to the Director General details of any civil proceedings that have been instituted by or against the witness;
disclose to the Director General details of any bankruptcy proceedings that have been instituted against the witness;
inform the Director General whether the witness is an undischarged bankrupt under the Insolvency Act 1967 [Act 360] and, if the witness is an undischarged bankrupt, shall submit to the Director General copies of all documents relating to the bankruptcy;
inform the Director General whether there are any restriction on the witness holding positions in companies, whether public or private and, if there are, give to the
Director general copies of all documents relating to those restrictions;
disclose to the Director General details of the immigration status of the witness;
disclose to the Director General details of any reparation order that is in force against the witness;
disclose to the Director General details of the financial liabilities and assets, whether real or personal, of the witness;
inform the Director General whether any of the property of the witness, whether real or personal, is liable to forfeiture or confiscation or is subject to restraint under any other law;
inform the Director General of the general medical condition of the witness;
disclose to the Director General details of any relevant court orders or arrangements relating to custody or access to children;
disclose to the Director General details of any business dealings in which the witness is involved; and
disclose to the Director General details of any arrangements that the witness has made for—
the service of documents on the witness;
representation in proceedings in a court;
enforcement of judgments in favour of the witness;
and
compliance with the enforcement of judgments against the witness.
The Director General may send such witness to undergo medical, psychological and psychiatric examinations to determine his suitability for inclusion in the Programme.
Director General
“Director General” means the Director General of Witness Protection appointed under subsection 4(1);
Any person who discloses or supplies information to the
Director General for the purpose of assisting the Director General in deciding whether or not to recommend him to be included in the Programme shall not disclose or supply information which he knows or ought reasonably to know is false.
Programme
“Programme” means the Witness Protection Programme established under this Act;
Any person who contravenes subsection (3) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.