Malaysia legislation

Section 20

of ENVIRONMENTAL QUALITY (AMENDMENT) ACT 2012

Section 20

The principal Act is amended by inserting after section 50

the following section:

“Protection of informers 50a.  (1)  Except as provided in subsections (2) and (3), no witness in any civil or criminal proceedings pursuant to this

Act shall be obliged or permitted to disclose the name or

Environmental Quality (Amendment)

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address of any informer or the substance and nature of the information received from him or state any matter which might lead to his discovery.

(2)

If any book, record, document or paper which is in evidence or is liable to inspection in any civil or criminal proceedings whatsoever contains any entry in which any informer is named or described or which might lead to his discovery, the court shall cause all such entries to be concealed from view or to be obliterated in so far as may be necessary to protect the informer from discovery.

(3)

If in a trial for any offence under this Act the court, after full inquiry into the case, is of the opinion that the informer willfully made in his complaint a material statement which he knew or believed to be false or did not believe to be true, or if in any other proceedings the court is of the opinion that justice cannot be fully done between the parties in the proceeding without the discovery of the informer, the court may require the production of the original complaint, if in writing, and permit an inquiry and require full disclosure concerning the informer.

(4)

Any person who gives the information referred to in this section knowing that the information is false shall be guilty of an offence.”.

Amendment of section 51

Section 20 — ENVIRONMENTAL QUALITY (AMENDMENT) ACT 2012