Malaysia legislation

Section 40

of SARAWAK TIMBER INDUSTRY DEVELOPMENT CORPORATION ORDINANCE, 1973 ( Ord. No. 3/73 )

Section 40

No action shall be brought, instituted or maintained in any court against any authorized officer, police officer, officer of customs or any public servant either personally or in his official capacity for or 34

on account of or in respect of any act directed or done by him or purporting to have been directed or done by him for the purpose of carrying into effect this Ordinance and any regulations made thereunder, and no suit or prosecution shall lie in any court against any other persons for or on account of or in respect of any act done or purporting to have been done by him under direction or instruction of any authorized officer, police officer, officer of customs or any public servant given for any such purpose as aforesaid:

Provided that the act of such officer or person was done in good faith and in the reasonable belief that it was necessary for the purpose intended to be served by it and for the carrying out of the provisions of this Ordinance and any regulations made thereunder.

Protection of informer 41.―(1)

Except as hereinafter provided, 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 and nature of the information received from the informer or to state any matter which might lead to the identification of the informer.

(2)

If any book, record, account, document or computerized data which is in evidence or liable to inspection in any civil or criminal proceeding contains any entry in which the informer is named or described or which might lead to his identification, the court shall cause all such passages to be concealed from view or to be obliterated so far only as may necessary to protect the informer from being identified.

(3)

If on the trial for any offence under this Ordinance the court after a full enquiry into the case believes that the informer willfully 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 proceeding the court is of the opinion that justice cannot be fully done between the parties thereto without the identification of the informer, it shall be lawful for the court to require the production of the original complaint, if in writing, and permit an enquiry, and require full disclosure concerning the informer.

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Rewards, etc.

Section 40 — SARAWAK TIMBER INDUSTRY DEVELOPMENT CORPORATION ORDINANCE, 1973 ( Ord. No. 3/73 )