Section 28F
Power to examine persons
of Labuan Financial Services Authority Act 1996
(2)
An investigation officer investigating an offence may—
(a)
order any person to attend before him for the purpose of being examined orally in relation to any matter which may, in his opinion, assist in the investigation into the offence;
(b)
order any person to produce before him any property, record, report, object, article, material, thing, book, minute book, account, register or document or any certified copy thereof, or any other article which may, in his opinion 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 therein all such information which may be required under the notice, being information which, in such officer’s opinion, would be of assistance on the investigation into the offence.
(3)
Paragraph (2)(b) shall not apply to ledgers, day books, cash books, account books and all other books and documents used in the ordinary course of business of a bank.
(4)
A person to whom an order under paragraph (2)(a) has been given shall—
(a)
attend in accordance with the terms of the order to be examined, and shall continue to attend from day to day where so directed until the examination is completed; and
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(b)
during such examination, disclose all information which is within his knowledge, or which is available to him, in respect of the matter in relation to which he is being examined, and answer any question put to him 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 or his spouse.
(5)
A person to whom an order has been given under paragraph (2)(b) shall not conceal, destroy, alter, remove from
Malaysia, or deal with, expend, or dispose of, any book, record, report, document or article specified in the order, or alter or deface any entry in any such book or document, or cause such act to be done, or assist or conspire to do such act.
(6)
A person to whom a written notice has been given under paragraph (2)(c) shall, in his statement, 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 refuse to furnish or disclose the information on the ground that it tends to incriminate him or his spouse.
(7)
A person to whom an order or a notice is given under subsection (2) shall comply with such order or notice and with subsections (4), (5) and (6) notwithstanding any written law or rule of law to the contrary.
(8)
Where any person discloses any information or produces any book, record, report, document or article pursuant to subsections (2),
(4)
and (6), 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 written law, or to any proceeding or claim by any person under or by virtue of any contract, agreement or arrangement, or otherwise.
(9)
An investigating officer examining a person under paragraph (2)(a) shall record in writing any statement made by the
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person and the statement so recorded shall be read to and signed by the person, and where such person refuses to sign the record, the officer shall endorse thereon under his hand the fact of such refusal and the reasons therefore, if any, stated by the person examined.
(10)
The record of an examination under paragraph (2)(a), or a written statement on oath or affirmation made pursuant to paragraph
(2)
, or any book, record, report, document or article produced under paragraph (2)(b) or otherwise in the course of an examination under paragraph (2)(a), or under a written statement on oath or affirmation made pursuant to paragraph (2)(c), shall, notwithstanding any written law or rule of law to the contrary, be admissible in evidence in any proceedings in any court for an offence under this
Act or the laws specified in the Schedule, regardless whether such proceedings are against the person who was examined, or who produced the book, record, report, document or article, or who made the written statement on oath or affirmation, or against any other person.
(11)
Any person who contravenes this section commits an offence and shall on conviction be liable to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding three years or to both, and, in the case of a continuing offence, to a further fine not exceeding one thousand ringgit for each day during which the offence continues after conviction.