Section 8 — AKTA PERLINDUNGAN SAKSI 2009

(a)

disclose to the Director General details of all outstanding legal obligations of the witness;

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(b)

disclose to the Director General details of any outstanding debts of the witness, including any outstanding tax;

(c)

disclose to the Director General details of the criminal history of the witness which includes orders relating to sentences imposed on the witness;

(d)

disclose to the Director General details of any civil proceedings that have been instituted by or against the witness;

(e)

disclose to the Director General details of any bankruptcy proceedings that have been instituted against the witness;

(f)

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;

(g)

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;

(h)

disclose to the Director General details of the immigration status of the witness;

(i)

disclose to the Director General details of any reparation order that is in force against the witness;

(j)

disclose to the Director General details of the financial liabilities and assets, whether real or personal, of the witness;

(k)

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;

(l)

inform the Director General of the general medical condition of the witness;

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(m)

disclose to the Director General details of any relevant court orders or arrangements relating to custody or access to children;

(n)

disclose to the Director General details of any business dealings in which the witness is involved; and

(o)

disclose to the Director General details of any arrangements that the witness has made for—

(i)

the service of documents on the witness;

(ii)

representation in proceedings in a court;

(iii)

enforcement of judgments in favour of the witness;

and

(iv)

compliance with the enforcement of judgments against the witness.

(2)

The Director General may send such witness to undergo medical, psychological and psychiatric examinations to determine his suitability for inclusion in the Programme.

(3)

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.

(4)

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.

Factors to be considered