Section 71
Secrecy
of Labuan Foundations Act 2010
No person who has by any means access to any record, book, register, correspondence, document, material or information, relating to the business and affairs of the Labuan foundation, shall give, divulge, reveal, publish or otherwise disclose to any person such record, book, register, correspondence, document, material or information.
(2)
All proceedings, other than criminal proceedings, relating to any Labuan foundation commenced in any Court under the provisions of this Act and any appeal from such proceedings, shall, unless the Court otherwise orders, be heard in camera and no details of the proceedings shall be published by any person without leave of the Court.
(3)
The provisions of subsection (1) shall not apply where disclosure—
(a)
is required pursuant to an order by any court of competent jurisdiction in any proceedings, where the order has been obtained by an ex-parte application, the Labuan foundation may notify the person affected by the order and upon receipt of such notification, the affected person may file the necessary application to the court to contest the order or otherwise comply with the order accordingly;
(b)
is required for the purpose of the performance of the supervisory function of the Authority as may be provided for under the Labuan Financial Services Authority
Act 1996;
(c)
is pursuant to section 22 of the Labuan Business Activity
Tax Act 1990; or
(d)
is with the consent of the Labuan foundation.
(4)
Subject to subsection (3), any person who contravenes subsection (1) commits an offence and shall, upon conviction, be liable to a fine not exceeding one million ringgit or to imprisonment for a term not exceeding three years or to both.
Act 706
(5)
Nothing in this section shall prevent any Court from exercising its discretion to require any person to produce any document or to give any evidence in any proceedings before the
Court which is relevant to those proceedings.