Labuan Financial Services and Securities Act 2010 · Updated to 15 Oct 2022 · Part XI · Appeals
186. Immunity
Feedback & supportNo action, suit, prosecution or other proceedings shall lie or be brought, instituted or maintained in any Court or any tribunal against any of the following persons, that is—
the Minister;
*NOTE—The Insurance Act 1996 [Act 553] has since been repealed by the Financial Services Act 2013 [Act 758] which comes into operation on 30 June 2013—see sections 271 and 272 of Act 758.
**NOTE—The Takaful Act 1984 [Act 312] has since been repealed by the Islamic Financial
Services Act 2013 [Act 759] which comes into operation on 30 June 2013—see sections 282 and 283 of Act 759.
the Authority;
any member, officer, committee, servant or agent of the
Authority; and
any other person lawfully acting on behalf of, or in compliance with instructions of, the Authority, for or on account of, or in respect of, any act done or statement made or omitted to be done or made, or purporting to be done or made or omitted to be done or made, in pursuance or in execution of, or intended pursuance or execution of this Act, or any guidelines, directions, advisories or other thing whatsoever issued under this Act:
Provided that such act or such statement was done or made, or was omitted to be done or made, in good faith.
Subsection (1) shall be in addition to, and not in derogation of, the Public Authorities Protection Act 1948 [Act 198], and for the purposes of that Act, every person mentioned in subsection (1)
person
“person” includes a corporation, partnership, a body of persons, corporate or unincorporated and a corporation sole;
shall be deemed to be a public officer or a person engaged or employed in the performance of a public duty.
officer
“officer”, in relation to a corporation, includes— (a) a director, secretary or employee of the corporation including the principal officer; (b) a receiver and manager of any part of the undertaking of the corporation appointed under a power contained in any instrument; and (c) a liquidator of the corporation appointed in a voluntary winding-up; but does not include— (A) a receiver who is also not a manager; (B) a receiver and manager appointed by the Court; and (C) a liquidator appointed by the Court or by the creditors;
The Public Authorities Protection Act 1948 shall apply to any action, suit, prosecution or proceedings against the Authority or against any member of the Authority, any member of a committee, or any officer, servant or agent of the Authority in respect of any act, neglect or default done or omitted by it or him in such capacity.