Malaysia legislation
Section 23Z
Section 23Z
(2)
Any officer of the Board authorized in writing by the Public
Prosecutor may conduct the prosecution for any offence under this
Act.
Representation in civil proceedings
23AA. Notwithstanding any other written law—
(a)
in any civil proceedings by or against the Board; or
(b)
in any other civil proceedings in which the Board is required or permitted by the court to be represented, or to be heard, or is otherwise entitled to be represented or to be heard, any person authorized by the Board for the purpose may, on behalf of the Board, institute such proceedings or appear in such proceedings and may make all appearances and applications and do all acts in respect of such proceedings on behalf of the Board.
Jurisdiction to try offences
23BB. Notwithstanding any written law to the contrary, a Court of a
Magistrate of the First Class shall have jurisdiction to try any offence under this Act and to impose the full punishment for any such offence.
Malaysian Cocoa Board (Incorporation) 43
Protection of officers
23CC. No action or prosecution shall be brought, instituted or maintained in any court against—
(a)
the Director General or any other officer duly appointed under this Act for or on account of or in respect of any act ordered or done for the purpose of carrying this Act into effect; and
(b)
any other person for or on account of or in respect of any act done or purported to be done by him under the order, direction or instruction of the Director General or any other officer duly appointed under this Act if the act was done in good faith and in a reasonable belief that it was necessary for the purpose intended to be served by it.
Reward
23DD. The Director General may order such rewards as he thinks fit to be paid to any person for services rendered in connection with the detection of any offence under this Act or in connection with any seizures made under this Act.
Protection of informers
23EE. (1) Except as provided in subsections (2) and (3), no witness in any civil or criminal proceeding shall be obliged or permitted to disclose the name or address of an informer or the substance of the information received from him or to state any matter that might lead to his discovery.
(2)
If any book, record or document that is in evidence or liable to inspection in any civil or criminal proceeding contains any entry in which any informer is named or described or that might lead to his discovery, the court shall cause all such passages to be concealed from view or to be obliterated so far only as may be necessary to protect the informer from discovery.
44 Laws of Malaysia ACT 343
(3)
If on the trial for any offence under this Act or any regulations made under this Act the court after full enquiry into the case believes that the informer wilfully made in his complaint a material statement that he knew or believed to be false or did not believe to be true, or if in any other proceeding the court is of the opinion that justice cannot be fully done between the parties in that proceeding without the discovery of the informer, the court may require the production of the original complaint, if in writing, and permit enquiry and require full disclosure, concerning the informer.