In forceUpdated to 6 Oct 2023Read it in Bahasa Malaysia

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Development Financial Institutions Act 2002 · Updated to 6 Oct 2023 · Part VIII · Examination and Investigation

90. Power to examine persons

(1)

Notwithstanding any written law, or oath, undertaking or requirement of secrecy or confidentiality to the contrary, or an obligation under an agreement or arrangement, express or implied, to the contrary, an investigating officer conducting an investigation shall have the power to administer an oath or affirmation to a person who is being examined.

(2)

An investigating officer may order, orally or in writing, a person whom he believes to be acquainted with the facts and circumstances of the case—

(a)

to attend before him for examination;

(b)

to produce before him, within the time specified by such officer, any property, record, report, document, apparatus, equipment, machinery, computer, computer output, system, data, books, information, article or thing which may assist in the investigation into the offence or breach; or

(c)

to furnish to him a statement in writing made on oath or affirmation setting out such information as he may require.

(3)

Any person who contravenes subsection (2) commits an offence and shall on conviction be liable to imprisonment for a term not exceeding eight years or to a fine not exceeding twenty-five million ringgit or to both.

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(4)

The person examined under subsection (2) shall be legally bound to answer all questions relating to such case put to him by the investigating officer, but he may refuse to answer any question the answer of which would have a tendency to expose him to a criminal charge or penalty or forfeiture.

(5)

A person making a statement under paragraph (2)(c) shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to the questions of the investigating officer.

(6)

An investigating officer examining a person under subsection (2) shall first inform that person of the provisions of subsections (4) and (5).

(7)

A statement made by any person under paragraph (2)(c) shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumb print—

(a)

after it has been read to him in the language in which he made it; and

(b)

after he has been given an opportunity to make any correction he may wish.

(8)

Any person who—

(a)

fails to appear before an investigating officer as required under paragraph (2)(a);

(b)

refuses to answer any question put to him by an investigating officer under subsection (4); or

(c)

furnishes to an investigating officer any information or statement that is false or misleading in any material particular, commits an offence and shall on conviction be liable to imprisonment for a term not exceeding eight years or to a fine not exceeding twenty-five million ringgit or to both.

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Terms defined in s 3

agreement
Defined · s 3
“agreement” means an agreement whether formal or informal, oral or written, express or implied;
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arrangement
Defined · s 3
“arrangement” means an arrangement whether formal or informal, oral or written, express or implied;
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books
Defined · s 3
“books” includes any register or other record of information and any accounts or accounting records, however compiled, recorded or stored; *NOTE—The Central Bank of Malaysia Act 2009 has repealed the Central Bank of Malaysia Act 1958 which comes into operation on 25 November 2009–see section 99…
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computer
Defined · s 3
“computer” has the same meaning as in the Evidence Act 1950;
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computer output
Defined · s 3
“computer output” means a statement or representation, whether in written, printed, pictorial, film, graphical, acoustic or other form— (a) produced by a computer; (b) displayed on the screen of a computer; or (c) accurately translated from a statement or representation so produced;
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development
Defined · s 3
“development” includes the commencement of any new industrial, agricultural, commercial or other economic venture or the expansion or improvement of any such existing venture;
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document
Defined · s 3
“document” has the same meaning as in the Evidence Act l950;
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officer
Defined · s 3
“officer”, in relation to an institution, means any of its employees and includes its Chief Executive Officer;
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person
Defined · s 3
“person” includes an individual, any corporation, statutory body, local authority, society, trade union, co-operative society, partnership and any other body, organization, association or group of persons, whether corporate or unincorporate;
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property
Defined · s 3
“property” means any movable or immovable property, whether tangible or intangible and includes— (a) any right, interest, title, claim, chose in action, power or privilege, whether present or future, or whether vested or contingent, in relation to any property, or which is otherwise of value; (b) any conveyance executed for conveying, assigning, appointing, surrendering, or otherwise transferring or disposing of immovable property of which the person executing the conveyance is the proprietor or has possession or in which he is entitled to a contingent right, either for the whole interest or for any less interest; (c) any security, including any stock, share, debenture and fund; (d) any negotiable instrument, including any bank note, bearer note, Treasury bill, dividend warrant, bill of exchange, promissory note, cheque and negotiable certificate of deposit; or (e) any mortgage or charge, whether legal or equitable, guarantee, lien or pledge, whether actual or constructive, letter of hypothecation, trust receipt, indemnity, undertaking or other means of securing payment or discharge of a debt or liability, whether present or future, or whether vested or contingent;
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Report

Read on from s 91

Part IX

Miscellaneous

Read on from Part IX

90. Power to examine persons

Terms defined in s 3

Miscellaneous

Schedules