Malaysia legislation
Section 33
Section 33
The principal Act is amended by inserting after section 30
the following sections:
(a)
knows or has reasonable grounds to suspect that an authorized officer is acting, or is proposing to act, in connection with an investigation which is being, or is about to be, conducted under or for the purposes of this Part and discloses to any other person information or any other matter which is likely to prejudice that investigation or proposed investigation; or
(b)
knows or has reasonable grounds to suspect that a disclosure has been made to an authorized officer under this Act and discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure, commits an offence and shall, on conviction, be liable—
(i)
if such person is a body corporate, to a fine not exceeding one million ringgit, and for a second or subsequent offence, to a fine not exceeding five million ringgit; or
(ii)
if such person is not a body corporate, to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both, and for a second or subsequent offence, to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding five years or to both.
(2)
Nothing in subsection (1) makes it an offence for an advocate and solicitor or his employee to disclose any information or other matter—
(a)
to his client or the client’s representative in connection with the giving of advice to the client in the course and for the purpose of the professional employment of the advocate and solicitor; or
(b)
to any person in contemplation of, or in connection with and for the purpose of, any legal proceedings.
(3)
Subsection (2) does not apply in relation to any information or other matter which is disclosed with a view to furthering any illegal purpose.
Gas Supply (Amendment)
(4)
In proceedings against a person for an offence under this section, it is a defence to prove that—
(a)
he did not know or suspect that the disclosure made under paragraph (1)(b) was likely to prejudice the investigation; or
(b)
he had lawful authority or reasonable excuse for making the disclosure.
Threat and reprisal 30b. (1) No person shall—
(a)
coerce or attempt to coerce any person to refrain from doing any act referred to in subsection (3); or
(b)
subject any person to any commercial or other disadvantage as a reprisal against the person for doing any act referred to in subsection (3).
(2)
For the purposes of and without prejudice to the generality of paragraph (1)(b), the commercial or other disadvantage may include a threat of late payment of amounts properly due to the person, the unreasonable bringing or conduct of litigation against the person, the cancellation of orders with the person, or the diversion of business from, or refusal to trade with, the person.
(3)
The acts referred to in subsection (1) are as follows:
(a)
making a complaint to the Commission; and
(b)
co-operating with, or offering or agreeing to co-operate with, the Commission in connection with any investigation by the Commission.
(4)
Any person who contravenes this section commits an offence and shall, on conviction, be liable—
(a)
if such person is a body corporate, to a fine not exceeding one million ringgit, and for a second or subsequent offence, to a fine not exceeding five million ringgit; or
(b)
if such person is not a body corporate, to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both, and for a second or subsequent offence, to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding five years or to both.
Confidentiality 30c. (1) Any person who discloses or makes use of any confidential information with respect to a particular person, including a licensee, or the affairs of an individual obtained by virtue of any provision of this Act commits an offence and shall, on conviction, be liable—
(a)
if such person is a body corporate, to a fine not exceeding one million ringgit, and for a second or subsequent offence, to a fine not exceeding five million ringgit; or
(b)
if such person is not a body corporate, to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both, and for a second or subsequent offence, to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding five years or to both.
(2)
Nothing in subsection (1) shall operate to prevent the disclosure of information where—
(a)
the disclosure is made with the consent of the person from whom the information was obtained;
(b)
the disclosure is necessary for the performance of the functions or powers of the Commission;
(c)
the disclosure is reasonably made during any proceedings under this Part VIa or this Act provided that such disclosure is not made against any direction by the
Commission or the Gas Competition Appeal Tribunal before which the proceedings are taking place;
Gas Supply (Amendment)
(d)
the disclosure is made in connection with an investigation of an infringement or an offence under this Act; or
(e)
the disclosure is made with the authorization of the Commission to any competition authority of another country in connection with a request by that country’s competition authority for assistance.
(3)
For the purposes of this section, “confidential information”
means trade, business or industrial information that belongs to any person, that has economic value and is not generally available to or known by others.
Order for payment of costs of prosecution and compensation 30d. (1) The court before which a person is convicted of any offence under this Act may, in its discretion, make either or both of the following orders against that person, namely:
(a)
an order for the payment by that person of the costs of his prosecution or any part thereof as may be agreed by the Public Prosecutor;
(b)
an order for the payment by that person of a sum to be fixed by the court as compensation to any person who is the victim of the offence committed by that person in respect of the injury to his person or character, or loss of his income or property, as a result of the offence committed.
(2)
Where a person who is the victim of the offence is deceased, the order of compensation shall be made to a representative of the deceased person.
(3)
The court shall, in making an order under paragraph (1)(b), take into consideration the following factors:
(a)
the nature of the offence;
(b)
the injury sustained by the victim;
(c)
the expenses incurred by the victim;
(d)
the damage to, or loss of, property suffered by the victim;
(e)
the loss of income incurred by the victim;
(f)
the ability of the person convicted of any offence under this Act to pay; and
(g)
any other factors which the court deems relevant.
(4)
For the purpose of making an order under paragraph (1)(b), the court may hold an inquiry as the court thinks fit.
(5)
The court shall specify the person to whom any sum in respect of costs or compensation as aforesaid is to be paid, and section 30e, except paragraph (1)(d), shall be applicable to any order made under this section.
(6)
The court may direct that an order for payment of costs or an order for payment of compensation, shall have priority, and, if no direction is given, an order for payment of costs shall have priority over an order for payment of compensation.
(7)
To the extent of the amount which has been paid to a person, or to the representatives of a person, under an order for compensation, any claim of such person or his representatives for damages sustained by reason of the offence shall be deemed to have been satisfied, but the order for payment shall not prejudice any right to a civil remedy for the recovery of any property or for the recovery of damages beyond the amount of compensation paid under the order.
(8)
Every order made under this section shall be appealable.
Provisions as to money payable as costs or compensation 30e. (1) Subject to the provisions of this Act where any person is, under this Act, for any reason whatsoever, ordered to pay any sum of money by way of costs or compensation, the court making the order may in its discretion do all or any of the following things, namely:
(a)
allow time for the payment of that sum;
(b)
direct payment of that sum to be made not exceeding twelve monthly instalments;
Gas Supply (Amendment)
(c)
issue a warrant for the levy of that sum by distress and sale of any property belonging to that person;
(d)
direct that in default of payment or of a sufficient distress to satisfy such sum, that person shall suffer imprisonment for a certain term, which imprisonment shall be in excess of any other imprisonment to which he may be sentenced or to which he may be liable under a commutation of sentence:
Provided that where time is not allowed for the payment of that sum an order for imprisonment in default of payment shall not be issued in the first instance unless it appears to the Court that that person has no property or insufficient property to satisfy the money payable or that the levy of distress will be more injurious to him or his family than imprisonment;
(e)
direct that such person be searched and that any money found on him when so searched or which in the event of his being committed to prison, may be found on him when taken to prison shall be applied towards the payment of that sum, the surplus, if any, being returned to him:
Provided that such money shall not be so applied if the court is satisfied that the money does not belong to the person on whom it was found or that the loss of the money will be more injurious to his family than his imprisonment.
(2)
The term for which the court directs that person to be imprisoned in default of payment or of a sufficient distress to satisfy any sum shall not exceed the following scale:
When the money to be paid does not exceed RM500…………………...……
One month
When the money to be paid exceeds
RM500 but does not exceed
RM1000……………………..…………
Two months
In any other case………......…………
Six months
(3)
Subject to the provisions of this Act the imprisonment which the court imposes under this section shall terminate whenever the money is paid or levied by process of law.
(4)
If before the expiration of the time of such imprisonment such a proportion of the money is paid or levied that the time of imprisonment suffered is not less than proportional to the part of the money still unpaid, the imprisonment shall terminate.
(5)
A warrant for the levy of any such sum may be executed at any place in Malaysia but if it is required to be executed outside the State in which it is issued it shall be endorsed for that purpose by a Judge or a First Class Magistrate having jurisdiction in the State in which it is to be executed.”.
Amendment of section 31