Malaysia legislation
Section 38D
Section 38D
(a)
he knows or has reasonable grounds to suspect that the
Commission or Registrar 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 Act or laws specified in the First Schedule and discloses to any other person information or any other matter which is likely to prejudice that investigation or proposed investigation; or
(b)
he knows or has reasonable grounds to suspect that a disclosure has been made to the Commission or the
Registrar under this Act or laws specified in the First
Schedule 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.
(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
48 Laws Of Malaysia ACT 614
(b)
to any person in contemplation of, or in connection with and for the purpose of, any legal proceedings.
(3)
Subsection (2) shall not apply in relation to any information or other matter which is disclosed with a view to furthering any illegal purpose.
(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.
Appeals