Malaysia legislation
Section 99
Section 99
New sections 114a, 114b, 114c and 114d
The principal Act is amended by inserting after section 114
the following sections:
“Prosecution 114a. No prosecution for an offence under this Act shall be instituted except with the written consent of the Public
Prosecutor.
Development Financial Institutions (Amendment)
79
Protection in relation to disclosure of information to Bank 114b. (1) Where a person discloses in good faith to the Bank his knowledge or belief or any document or information that a contravention, breach or non-compliance has been committed or is about to be committed under this Act—
(a)
such person shall not be liable for a breach of a duty of confidentiality imposed by any law, contract or rules of professional conduct;
(b)
it shall be a defence in an action, a suit, prosecution or proceeding that is brought, instituted or maintained in any court or before any other authority against the person who made the disclosure to the Bank that in his belief the disclosure was necessary for the carrying into effect the provisions of this Act;
and
(c)
no contractual or other rights or remedy may be enforced against the person on the basis of the disclosure.
(2)
Any document or information disclosed to the Bank under subsection (1) and the information and identity of the person making the disclosure shall be secret between the
Bank and the person who made the disclosure.
Evidential provision 114c. In any criminal or civil proceedings under this Act—
(a)
any statement purported to be signed by the Governor or any other person authorized to perform the functions of the Bank on its behalf, which forms part of or is annexed to any letter, register, record or document, however expressed, described or represented; or
(b)
the production of a printed copy of a standard, specification, order, direction, instruction, notice, requirement, condition or restriction, letter, register, record, document or any other instrument specified or issued pursuant to this Act, shall, until the contrary is proved, be evidence of any fact stated therein.
Power of Bank to publish information 114d. The Bank may, where it thinks necessary, publish in such form and manner as it thinks fit, any information in relation to—
(a)
any enforcement action taken under this Act including criminal proceedings, compounding, civil actions and administrative actions; and
(b)
the outcome of the actions referred to in paragraph (a)
including the outcome of any proceedings, settlement in or out of court in relation to any contravention, breach or non-compliance of the provisions of this
Act.”.
Amendment of section 116