Securities Commission Act 1993 · Updated to 1 Mar 2016 · Part III · Finance
31X. Power to require information
Feedback & supportFor the purposes of an inquiry, an Inquiry Officer may, by notice in writing served on a person, require such person—
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;
to provide all reasonable assistance in connection with the inquiry; and
to appear before him or other Inquiry Officers concerned to be examined orally.
Any statement made by any person under this section shall be reduced into writing by the Inquiry Officer, and signed by the person making it or affixed with his thumb print after such statement has been read to him and after he had been given an opportunity to make any correction he may wish.
If the person referred to in subsection (2) refuses to sign or affix his thumb print on the statement, the Inquiry Officer shall endorse on the statement under his hand of such refusal and the reason thereof, if any.
A person referred to in subsection (1) shall be legally bound—
to give information relevant to the inquiry which is in his power to give;
to answer all questions put to him by the Inquiry
Officer; and
to state the truth, whether or not the statement is made wholly or partly, in answer to questions.
For the purposes of subsection (1), the Inquiry Officer examining the person may give directions on who may be present during the examination or during any part of it.
Any statement made and recorded under this section shall be admissible as evidence in any proceeding in any court.
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;
62 Laws of Malaysia ACT 498
Any person to whom notice is issued under subsection (1)
shall not—
refuse to answer any question put to him by an Inquiry
Officer as required under subsection (4) or neglects to give any information which may reasonably be required of him and which he has in his power to give; or
knowingly furnish to an Inquiry Officer information or statement which is false or misleading in any material particular.
For the purposes of this Division, any notice which is given shall, if praticable, be served personally on any person specified in such notice.
Where any person specified in a notice given under this section or any other provisions of this Division cannot by the exercise of due diligence be found, the notice may be served by leaving a copy of it for him with some adult member of his family or with his servant residing with him.
When any person specified in any notice given under this section or any other provision of this Division cannot by the exercise of due diligence be found, and service cannot be effected as directed by subsection (8) or (9), a copy of the notice shall be affixed to some conspicuous part of the house or such other place in which the person specified in the notice ordinarily resides, and in such case the notice shall be deemed to have been duly served.