Malaysia legislation
Section 99a
Section 99a
(a)
delivering it personally to the person for whom it is intended;
(b)
delivering it to an adult person at the last-known place of residence, occupation or business of the person for whom it is intended; or
(c)
sending it by registered post to the person for whom it is intended.
(2)
Any order or notice that is given under this Act shall, where it is required to be served on a body corporate or unincorporate, be served by delivering the order or notice to an officer or agent of the body corporate or unincorporate at its registered address or business address.
(3)
If the officer effecting the service of any order or notice under subsection (1) or (2) is satisfied, for reasons to be recorded by him in writing, that the order or notice cannot be served in the manner provided in subsection (1) or (2), the order or notice may be served by affixing the order or notice on a conspicuous part of the premises—
(a)
in which the individual for whom the order or notice is intended is known to have last resided, to have been last employed or to have last carried on business; or
(b)
at the last known registered address or business address of the body corporate or unincorporate for whom the order or notice is intended, and in such case the order or notice shall be deemed to have been duly served.
(4)
If upon an investigation made under this Act, it appears to the investigating officer that there is sufficient evidence or reasonable grounds for suspicion to justify the commencement or continuance of any proceedings against any person, the investigating officer shall require a complainant, if any, and any person who appears to such investigating officer to be acquainted with the circumstances of the case as he thinks necessary, to execute a bond to appear before any court therein named or to give evidence in any court proceedings.
(5)
If any complainant or person referred to in subsection (4)
refuses to execute a bond under that subsection, the investigating officer shall report such refusal to the court which may thereupon in its discretion issue a warrant or summons to secure the attendance of such complainant or person.
Surrender of travel documents 99b. (1) Notwithstanding any written law to the contrary, an investigating officer may, by notice in writing, require any person who is the subject of an investigation for an offence under this Act, to surrender his travel documents including passport or exit permit in his possession, within such period as specified in the notice.
(2)
A notice under subsection (1) shall be served personally to the person to whom it is addressed in accordance with section 99a.
(3)
A person to whom a notice under subsection (1) is served shall comply with such notice, failing which he may be arrested and brought before a magistrate.
(4)
Where a person is brought before a magistrate, unless such person complies with the notice under subsection (1)
or satisfies the magistrate that he does not possess a travel document, the magistrate shall by warrant commit such person to prison—
(a)
until the expiry of a period of fourteen days from the date of his committal; or
Development Financial Institutions (Amendment)
(b)
until he complies with the notice under subsection (1), whichever occurs earlier.
(5)
For the purposes of subsection (4), a certificate signed by the Public Prosecutor to the effect that the person has complied with the written notice under subsection (1) shall be sufficient warrant for the Superintendent of Prison to discharge such person.
(6)
An investigating officer may, with the written approval of the Bank, by notice in writing issued to any immigration officer, request that any person who is the subject of an investigation in respect of an offence under this Act be prevented from leaving Malaysia.
(7)
The immigration officer may, upon being notified by a written notice made under subsection (6), require the person who is the subject of an investigation in respect of an offence under this Act, to surrender his passport, exit permit or any other travel document in his possession to an immigration officer.
(8)
Subject to any order issued or made under any written law relating to immigration, “immigration officer” means any person appointed under section 3 of the Immigration
Act 1959/63 [Act 155].
Agent provocateur 99c. Notwithstanding any law or rule of law to the contrary, in any proceedings against any person for an offence under this Act—
(a)
no agent provocateur, whether he is an officer of the
Bank or not, shall be presumed to be an accomplice or be unworthy of credit 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, including any person who is subsequently charged with an offence under this Act, shall be admissible in evidence and given due weight and consideration at any trial for an offence under this Act; and
(c)
a conviction for any offence under this Act 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.”.
Substitution of section 100