Section 21
Power to examine person
of Housing Developers (Control And Licensing) Ordinance, 1993
—
(1)
Where the Controller, an Inspector or any police officer suspects any person to have committed an offence under this
Ordinance, he may, if in his opinion it is reasonably necessary to do so for the purpose of investigating into such offence—
(a)
order any person orally or in writing to attend before the Controller, an Inspector or any police officer for the purpose of being examined orally by the Controller, an Inspector or any police officer in relation to any matter which may, in the opinion of the Controller, an Inspector or any police officer, assist in the investigation into the offence;
22
(b)
order any person orally or in writing to produce before the Controller, an Inspector or any police officer books, other documents, property, articles, or things which may, in the opinion of the Controller, an Inspector or any police officer , assist in the investigation into the offence; or
(c)
by written notice require any person to furnish a statement in writing made on oath or affirmation setting out in the notice all such information which, in the opinion of the
Controller, an Inspector or any police officer, assist in the investigation into the offence.
(2)
A person to whom an order under subsection (1)(a) or
(b)
, or a written notice under subsection (1)(c), has been given shall comply with the terms of such order or written notice, as the case may be, and, in particular—
(a)
a person to whom an order under subsection (1)(a) has been given shall attend in accordance with the terms of the order to be examined, and shall continue to so attend from day to day as directed by the Controller, an Inspector or any police officer until the examination is completed, and shall during such examination disclose all information which is within his knowledge, or which is available to him, or which is capable of being obtained by him, in respect of the matter in relation to which he is being examined, whether or not any question is put to him with regard thereto, and where any question is put to him he shall answer the question truthfully and to the best of his knowledge and belief, and shall not refuse to answer any question on the ground that it tends to incriminate him;
(b)
a person to whom an order has been given under subsection (1)(b) shall not conceal, hide, destroy, alter, remove from or send out of Malaysia, or deal with, expend, or dispose of, any book, other documents, property, article, or thing specified in the order, or alter or deface any entry in any such book or other documents, or cause such act to be done, or assist or conspire to do the act; and
23
(c)
a person to whom a written notice has been given under subsection (1)(c) shall, in his statement made on oath or affirmation, furnish and disclose truthfully all information required under the notice which is within his knowledge, or which is available to him, or which is capable of being obtained by him, and shall not fail to furnish or disclose the information on the ground that it tends to incriminate him.
(3)
A person to whom an order or a notice is given under subsection (1) shall comply with such order or notice and with the provisions of subsection (2) in relation to the order or notice, notwithstanding the provisions of any written law, whether enacted before or after the commencement of his act, or of any oath, undertaking or requirement of secrecy, to the contrary, or of any obligation under any contract, agreement of arrangement, whether express or implied, to the contrary.
(4)
Where any person discloses any information or produces any property, book, other documents, article, or thing, pursuant to subsections (1) and (2), neither the first-mentioned person, nor any other person on whose behalf or direction or as whose agent or employee the first-mentioned person may be acting, shall, on account of such disclosure or production, be liable to any prosecution for any offence under or by virtue of any law, or to any proceeding or claim in any form or of any description by any person under or by virtue of any agreement or arrangement, or otherwise.
(5)
The Controller, an Inspector or any police officer may seize, take possession of and retain for such duration as he deems necessary, any property, book, other documents, article or thing produced before him in the course of an investigation under subsection (1), or search the person who is being examined by him under subsection (1)(a), or who produces anything to him under subsection (1)(b), for ascertaining whether anything relevant to the investigation is concealed, upon such person or is otherwise upon such person.
24
(6)
An examination under subsection (1)(a) shall be reduced into writing by the Controller, an Inspector or any police officer and shall be read to and signed by the person being examined, and where such person refuses to sign the record, the
Controller, an Inspector or any police officer shall endorse on the record under his hand the fact of such refusal and the reasons for such refusal, if any, stated by the person examined.
(7)
The record of an examination under subsection (1)(a), or a written statement on oath or affirmation made pursuant to subsection (1)(c), or any property, book, other documents, article or thing produced under subsection (1)(b) or in the course of an examination under subsection (1)(a) or under a written statement on oath or affirmation made pursuant to subsection (1)(c), shall notwithstanding any written law or rule of law to the contrary, be admissible in evidence in any proceedings in any court—
(a)
for, or in relation to, an offence under this Ordinance;
or
(b)
for, or in relation to, any other matter under this
Ordinance, regardless whether such proceedings are against the person who was examined, or who produced the property, book, other documents, article or thing, or who made the written statement on oath or affirmation, or against any other person.