Malaysia legislation

Section 116

of JUVENILE COURTS ACT 1947

Section 116

(2)

The giving of any information that a child is in need of protection shall not, in any proceedings before any Court or in any other respect, be held to constitute—

(a)

a breach of professional etiquette or ethics; or

(b)

a departure from accepted standards of professional conduct.

(3)

Except as provided in subsections (4) and (6), a witness in any civil or criminal proceedings shall not be obliged or permitted to disclose the name and address of an informer or the substance of the information received from him or to state any matter which might lead to his discovery.

(4)

If any book, record or document which is in evidence or liable to inspection in any civil or criminal proceedings contains any entry in which any informer is named or described or which might lead to his discovery, the Court shall cause all such passages to be concealed from

144 Laws of Malaysia ACT 611

view or to be obliterated so far as may be necessary to protect the informer from discovery.

(5)

This section shall apply to a registered medical practitioner, any member of the family or a child care provider who gives information under section 27, 28 or 29 respectively in the same manner as they apply to a person who gives information that a child is in need of protection.

(6)

If during the trial for any offence against this Act, the Court after full inquiry into the case believes that the informer wilfully made in his complaint a material statement which he knew or believed to be false or did not believe to be true, or if in any other proceedings the

Court is of the opinion that justice cannot be fully done between the parties in that proceedings without the discovery of the informer, it shall be lawful for the Court to require the production of the original complaint, if in writing, and permit inquiry and require full disclosure concerning the informer.