Malaysia legislation
Section 22
Seksyen 22
Public Prosecutor, make regulations prescribing—
seksyen yang berikut:
“Protection against suits and legal proceedings 34a. No action shall lie or prosecution shall be brought, instituted or maintained in any court against—
(a)
any Licensing Officer, authorized officer or member of the Poisons Board for any act done by him; or
(b)
any other person for any act done by him under
Racun (Pindaan)
25
the order, direction or instruction of the Licensing
Officer, authorized officer or the Poisons Board, if the act was done in good faith and in the reasonable belief that it was necessary for the carrying into effect the provisions of this Act or its regulations.
Evidence of agent provocateur is admissible 34b. Notwithstanding any written law or rule of law to the contrary, in any proceedings against any person for an offence under this Act or its regulations—
(a)
no agent provocateur, whether he is an authorized officer or not, shall be presumed to be an accomplice or be unworthy of credit as a witness by reason only of his having attempted to commit or to abet, or having abetted or having been engaged in a criminal conspiracy to commit, such offence if the main purpose of such attempt, abetment or engagement was to secure evidence against such person;
(b)
any statement whether oral or in writing made to an agent provocateur by any person shall be admissible in evidence at his trial; and
(c)
a conviction for any offence under this Act or its regulations solely on the uncorroborated evidence of any agent provocateur shall not be illegal and no such conviction shall be set aside merely because the court which tried the case has failed to refer in the grounds of its judgment to the need to warn itself against the danger of convicting on such evidence.
Electronic transaction 34c. (1) Where a written order under section 15 or 23
is in the form of an electronic message, the requirement of the Act is fulfilled if it is obtained, forwarded, served, sent, delivered, received or retained in accordance with
Undang-Undang Malaysia 26
Akta A1666
the Electronic Commerce Act 2006 [Act 658] and any other requirements as may be prescribed under this Act.
(2)
Where any provision under this Act requires a signature of a person on a document, otherwise than on a prescription, the requirement of the Act is fulfilled, if the document is in the form of an electronic message containing a signature in accordance with the Electronic Commerce Act 2006.”.
Pindaan seksyen 35