Securities Commission Act 1993 · Updated to 1 Mar 2016 · Part VI · General
150A. Admissiblity of evidence obtained through assistance from a foreign supervisory authority
Feedback & supportIf an Investigating Officer of the Commision in the course of his investigation obtains evidence, oral or documentary, through assistance obtained from a foreign supervisory authority, such evidence shall be admissible as prima facie evidence.
officer
“officer”, in relation to— (a) the Commission, means any officer employed under section 20 and includes an Investigating Officer of the Commission appointed under section 125; and (b) a corporation, has the meaning assigned to it in the Companies Act 1965;
In this section, a copy of a documentary evidence shall not be admissible in evidence unless the person who has custody or control of the document affirms that he has examined and verified the copy of that document with the original.
Notwithstanding subsection (2), where the original document is not found or is lost, it shall be sufficient for the person who has custody or control of the document to state orally or in an affidavit given under this section that he had made reasonable efforts to locate the original documents and thereafter the copy of such documents shall be admissible as prima facie evidence of such documents in any legal proceedings.
The oral evidence referred to in subsection (1) shall be admissible as prima facie evidence if a person authorised by the foreign supervisory authority—
records the oral evidence whether in writing, by means of audio or visual recording or a combination of both, affirms in an affidavit that the oral evidence so recorded was recorded from a person acquainted with the circumstances of the case and the recording of the oral evidence was made in accordance with the laws enforced or administered by the foreign supervisory authority; or
obtains an affidavit which is affirmed by a person acquainted with the circumstances of the case.
An affidavit under this section shall not be admissible as prima facie evidence unless it is sworn or affirmed—
Securities Commission Malaysia 103
Commission
“Commission” means the Securities Commission Malaysia established under section 3;
in the Republic of Singapore, before any Judge, District
Judge, Assistant District Judge, Registrar, Deputy
Registrar, police, Magistrate or before any person authorized to take affidavits by any written law in force in the Republic of Singapore;
in England, Scotland, Ireland or the Channel Islands or in any colony, island or palce under the dominion or jurisdiction or protection or Her Britannic Majesty, before any Judge, Court, Notary Public or other person lawfully authorized to administer oaths; or
in any other place, before any officer exercising consular functions on behalf of Malaysia.
The court shall take judicial notice of the seal or signature, as the case may be, of any Judge, Court, Notary Public, Consul, Vice
Court
“Court” means— Securities Commission Malaysia 15 (a) a High Court established under Article 121 of the Federal Constitution or a Judge of the High Court; or (b) a Sessions Court or a Magistrate’s Court established under section 3 of the Subordinate Courts Act 1948 or a Sessions Court Judge or a Magistrate;
Consul, or other person whose seal or signature is appended or subscribed to any affidavit.
Admissiblity of statements and documents of persons who are dead or cannot be traced, etc.