Laws of MALAYSIA Malaysian law _ _ _ _ _ _ _ _ _ ONLINE VERSION of the PRINT TEXT that UPDATE _ _ _ _ _ _ _ _ _ the WITNESS PROTECTION ACT 696 Act 2009 As at 1 may 2013 the WITNESS PROTECTION ACT, 2009 the date of Royal Assent......... April 18, 2009, the date of publication in the Gazette......... 30 April 2009 3 laws of MALAYSIA Act WITNESS PROTECTION ACT 696 2009 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and commencement 2. Interpretation part II 3 WITNESS PROTECTION PROGRAM. Creation of 4. Appointment 5. Function 6. The obligation to provide assistance 7. Application for inclusion in the Program 8. The witness must disclose certain matters 9. Factors to be considered 10. Admission into the Program 11. The register of Participants 12. Access to the register 13. Action if a witness included in Programme 4 laws of Malaysia ACT 696 PART III the RIGHTS, obligations, KETIDAKDEDAHAN and TERMINATION 14. Managing rights and obligations pending participants 15. Ketidakdedahan the identity of the original participants 16. Termination of protection and assistance PART IV AM 17. Confidentiality obligations 18. The Director General is not required to disclose information 19. Requirement if the participant as a witness in criminal proceedings 20. The participant's identity should not be disclosed in court proceedings 21. Payment under the Program cannot be seized 22. Special arrangements 23. Exemption from judicial review 24. Protection against legal 25. An initial prosecution 26. Error 27. Pensubahatan and testing 28. The power of the police officer is not reduced 29. Report to the Minister 30. Regulations 5 the laws of MALAYSIA Act WITNESS PROTECTION ACT 696 2009 an act to establish a program for the protection of witnesses and for other matters connected therewith.
[April 15, 2010, [P.U. (B) 188/2010] enacted by the Parliament of Malaysia as follows: part I preliminary short title and commencement 1. (1) this Act may be cited as the witness protection act, 2009.
(2) of this Act come into force on such date as the Minister may, by notification in the Gazette.
Interpretation 2. In this Act, unless the context otherwise requires — "enforcement agencies" includes a body or agency responsible for the enforcement of laws relating to the prevention, detection and investigation of any offence;
6 laws of Malaysia ACT 696 "register" means the register of participants who maintained under section 11;
"Director General" means the Director General of the protection of a witness who was appointed under subsection 4 (1);
"Minister" means the Minister charged with the responsibility for the witness Protection Programme;
"Registrar" means the Registrar of the protection of a witness who was appointed under subsection 11 (1);
"participant" means a witness that have been included in the programme;
"public authority" means a public authority as defined in clause (2) of article 160 of the Constitution;
"Program" means the witness Protection Programme established under this Act;
"criminal proceedings" includes any trial or criminal investigation before the Court or tribunal having jurisdiction in criminal, inquest or inquiry about death and a police investigation under the criminal procedure code [Act 593], and any investigation by any other authority under any written law;
"witness" means ─ (a) a person who has or who has agreed to testify for the Government in a criminal proceeding;
(b) any person has provided or agreed to provide, other than those referred to in paragraph (a), in relation to the Commission or possible Commission of an offence;
Protection of Witnesses 7 (c) a person who has given any information, representation or assistance to a public officer or public authority in respect of an offence;
(d) a person who, for any other reason, may require protection or assistance under the programme;
or (e) a person who, because of the relationship or perkaitannya with any person referred to in paragraph (a) to (d), may require protection or assistance under the Program.
WITNESS PROTECTION PROGRAM PART II establishment of 3. Then created a Witness Protection Program maintained by the Director General.
The appointment of 4. (1) the Minister may appoint a Director General and Deputy Director General of the protection of Witnesses from among members of the public service.
(2) the Minister may appoint any other person as it thinks fit, to assist the Director General in carrying out the purposes of this Act.
(3) every person appointed under subsection (2) shall be subject to the direction, control and general supervision of the Director General and shall have and exercise all 8 laws of Malaysia ACT 696 authority Director-General under this Act except the power referred to in subsection 12 (1) and 15 (1).
(4) if the Director General of absent or unable to act due to illness or any other reason, Deputy Director-General shall exercise the authority of the Director-General under subsection 12 (1) and 15 (1).
Function 5. (1) the Director General shall be responsible for recommending a witness to which protection and assistance may be provided under the programme.
(2) the Director may arrange for or provide protection and other assistance to a witness or participant under the Program.
The obligation to provide assistance 6. (1) Notwithstanding any law to the contrary, a person shall give to the Director General, at the request of the Director-General, any statement, records, other documents or other forms of assistance that can help the Director-General in the performance of its functions under this Act.
(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding six months or to both.
(3) Notwithstanding any law to the contrary, there are no proceedings or action may be taken against a person who acted in compliance with subsection (1).
Protection of Witnesses 9 Application for inclusion into the Program 7. (1) any witness may apply to the Director-General to be included in the Program.
(2) an enforcement agency may, with the consent of the witness, apply in writing to the Director General so that the witness is included in the Program.
(3) If a witness is under the age of eighteen years, the parent or guardian of the witness may apply on his behalf for inclusion in the Program.
(4) on receipt of an application under this section, the Director-General can provide interim protection and assistance to witnesses.
The witness must disclose certain matters 8. (1) in an application under section 7, a witness shall ─ (a) disclose to the Director General of the details of all the obligations in law the witness is pending;
(b) disclose to the Director-General details regarding any outstanding debt of the witness, including any tax arrears;
(c) disclose to the Director-General details of criminal witness history that includes order relating to penalties imposed upon the witness;
(d) disclose to the Director General of the details of any civil proceedings have been instituted by or against the witness;
10 laws of Malaysia ACT 696 (e) disclose to the Director General of the details of any bankruptcy proceedings which have been instituted against him;
(f) inform the Director General whether the witness was a bankrupt has not past under the Bankruptcy Act 1967 [Act 360] and, if the witness is a bankrupt not yet past, shall submit to the Director-General a copy of all documents relating to the bankruptcy;
(g) inform the Director General whether there are any restrictions on the witness to hold position in the company, either public or private and, if available, provide to the Director-General a copy of all documents relating to the restrictions;
(h) disclose to the Director-General details of the immigration status of the witness;
(i) disclose to the Director General of the details of any order reparasi in force against the witness;
(j) disclose to the Director General of the details of financial liabilities and assets of the witness, whether real or own;
(k) inform the Director General whether any property of the witness, whether land or themselves, can dilucuthakkan or requisition or is subject to restrictions under any other law;
(l) inform the Director-General on the State of the overall medical witness;
(m) disclose to the Director General of the details of any order of the Court relating to protection of Witnesses 11 or the arrangements relating to the custody of or access to the child;
(n) disclose to the Director General of the details of any business arrangement involving the witness; and (o) to disclose to the Director General of details of any arrangements have been made by the witness for ─ (i) delivery of a document to the witness;
(ii) representation in court proceedings;
(iii) the enforcement of the judgment in favour of the witness; and (iv) compliance with the enforcement of the judgment against the witness.
(2) the Director General can send a witness to undergo medical examination, psychology and Psychiatry to determine their suitability for inclusion in the Program.
(3) any person who discloses or provides information to the Director General for the purpose of assisting the Director-General in deciding whether or not to recommend against it in order to be included in the Programme, must not disclose or provide any information which he knows or reasonably known was false.
(4) any person who contravenes subsection (3) commits an offence and shall, on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or both.
12 laws of Malaysia ACT 696 Factors for consideration 9. (1) the Director-General in deciding whether or not to recommend that a witness is admitted into the programme shall consider the following: (a) whether the witness had a criminal record, especially with regard to the crime of terrorism, and whether the record indicates a risk to the public if the witness is included in the Program;
(b) the results of medical examination, psychology and Psychiatry conducted under subsection 8 (2);
(c) the seriousness of the offence is meant by evidence or statements of the witness;
(d) the nature and significance of the evidence or statements of the witness;
(e) whether there is an alternative method to protect the witness;
(f) hazards are assumed to the witness;
(g) the type of relationships the witness by witness other selected to be included in the programme; and (h) such other matters as may appear related by the Director General.
(2) the Director General may make such inquiry and other investigations as it considers necessary, for the purpose of assessing whether the witness is to be recommended for inclusion in the Program.
Protection of Witnesses 13 Admission into the programme 10. (1) the Director General shall, after considering the factors referred to in section 9, recommend whether a witness could be included in the Program or not.
(2) every recommendation by the Director-General so that a witness be included in the Programme shall be made to the Attorney General.
(3) the Attorney General, upon receipt of the recommendation referred to in subsection (1), shall decide whether or not you want to enter a witness into the Program.
(4) where any person is aggrieved by the decision of the Attorney General under subsection (3), he or she may appeal in writing to the Minister within fourteen days from the date of receipt of the decision.
(5) where an appeal is made under subsection (4) ─ (a) the Attorney General shall submit reasons for its decision, together with the recommendation of the Director-General under subsection (1) to the Minister; and (b) the protection and assistance to witnesses, if given by the Director General under subsection 7 (4), shall continue until the decision on the appeal made by the Minister.
(6) the Minister shall, on receiving an appeal under subsection (4), make a decision on the appeal.
The register of Participants 11. (1) the Minister shall appoint a Registrar of the witness Protection to maintain a register of participants.
(2) the register shall contain the following: 14 laws of Malaysia ACT 696 (a) the identity of the participants;
(b) if the participant was given a new identity under the Program, new identity of the participants;
(c) the address of the participant;
(d) previous convictions of the participants;
(e) the date the participant entered into the Program;
(f) the date on which the participant ceases to be into the Program; and (g) details of any order given by the Director General under subsection 15 (1).
(3) the Registrar shall keep in its custody in such form and manner as may be determined by it the following documents: (a) Notwithstanding any other law to the contrary, in the case of one participant is given a new identity ─ (i) birth certificate, identity card, marriage certificate and any other document relating to the identity of the origin of the participants; and (ii) a copy of the birth certificate, identity card, marriage certificate and any other new documents issued under the programme; and (b) a copy of the order given by the Director General under subsection 15 (1).
Access to Register 12. (1) No person shall have access to the register and documents kept by the Registrar unless the Minister, Lawyer of Witness Protection 15 countries, the Director-General and any other person authorised in writing by the Director General.
(2) Notwithstanding any law to the contrary, Express can not be forwarded to any person or in any proceedings in the Court, tribunal, Commission or inquiry.
(3) any person who contravenes this section commits an offence and shall, on conviction, be punished by imprisonment for a term not exceeding twenty years.
Action if a witness included in Program 13. (1) the Director General shall take such action as it considers necessary and reasonable, to protect the safety and welfare of the witness.
(2) the action may include ─ (a) to provide accommodation for the participants;
(b) relocate the participants;
(c) apply for any documents necessary to enable the participants to create a new identity;
(d) provide transportation to transfer the property of the participant;
(e) provide a payment equal to the remuneration received by the participant before put in the Program including any increases to the remuneration which the participants should be entitled, if he is not included in the Program;
16 laws of Malaysia ACT 696 (f) if the participant is not worked before are included in the Program, provide payment to the participant for the purpose of fulfilling the reasonable living expenses of participants that includes, where appropriate, subsistence expenses for participants and provide the family, either directly or indirectly, other reasonable financial support;
(g) provide payment to the participant for the purpose of fulfilling the costs associated with relocation;
(h) providing assistance to the participants in seeking employment and access to education;
(i) providing assistance to the participants with a view to ensuring that participants be able to fend for themselves; and (j) such other actions as may be found necessary by the Director General.
(3) Notwithstanding any law to the contrary, no relocation of any participant can be made by the Director General under paragraph (2) (b) ─ (a) to the State of Sabah from anywhere outside the State of Sabah; and (b) to the State from any place outside the State.
(4) where the Director-General made a request to any person, who has the power or obligation under any other written law to issue birth certificates, identity cards, marriage certificate or any other document relating to the identity of a participant, to issue a new document necessary to enable the participants to create a new identity, that person shall comply with the request.
Protection of Witnesses 17 (5) the Director General may not apply for any documents to enable a participant to create a new identity under paragraph (2) (c) unless he has obtained the written consent of the participants.
(6) the Director General may authorize an officer to use a pseudonym in the discharge of their duties in relation to the Program and to bring documents that support the nickname.
PART III RIGHTS, obligations, KETIDAKDEDAHAN and TERMINATION of Managing rights and obligations pending participants 14. (1) If a participant does not have any rights or obligations that are pending or are subject to such restrictions, the Director General shall take such steps as are reasonably practicable to ensure that ─ (a) such rights or obligations are managed in accordance with applicable laws; or (b) the participant comply with the restrictions.
(2) an action under subsection (1) may include ─ (a) provide protection to the participants during the participants appear in court; or (b) notify the or is likely to become a party to any legal proceedings that the Director-General will receive process issued by a court or tribunal on behalf of the participants, and the Director-General may appoint any officer for
that purpose.
18 laws of Malaysia ACT 696 (3) if the Director General is satisfied that the participants have been given a new identity under the Program using the new identity to ─ (a) avoid the obligation incurred before the new identity is given; or (b) avoidance of compliance with sanctions imposed before the new identity is given, the Director General shall give notice in writing to the participants.
(4) notice under subsection (3) shall state that, unless the participant is the satisfaction of the Director-General that the obligation will be managed according to applicable laws or restrictions shall be complied with, the Director-General shall take such action as it considers reasonably necessary to ensure that such obligations are managed in accordance with laws or restrictions that followed.
(5) action taken under subsection (4) may include informing any person who is claiming to enforce rights to the participants the details of any property, whether real or your own, which is owned by the participant under its original identity.
Ketidakdedahan the original identity of participants 15. (1) Notwithstanding any law to the contrary, if a person who has been given a new identity under the Program required by or under a law to disclose the identity of the original for a certain purpose, he shall not disclose the identity of the original for that purpose unless the Director-General gave a written order to the participants to do so.
(2) If a participant is given an order under subsection (1) to disclose the identity of the original, was the Witness 19 be valid for the participants, in any proceeding or for any purpose, under any law, to claim that its new identity is the only identity.
(3) for the purposes of this section, "participants" includes a person who has been given a new identity under the Program and no longer a participant.
Termination of protection and assistance 16. (1) the Director General may recommend to the Attorney General that the protection and assistance provided to a participant under the Program terminated by the Attorney General, if ─ (a) the participant has provided the information that he knows is false or misleading;
(b) conduct or behavior that threatened the participants are, in the opinion of the Director-General, likely to affect the integrity of the Program;
(c) the circumstances giving rise to the need for protection and assistance for the participants does not exist;
or (d) in the opinion of the Director-General, there is no reasonable justification for the participants continue to be in the Program.
(2) the Attorney General shall upon receipt of the recommendation under subsection (1) decide whether to terminate the protection and assistance provided to the participant under the Program or not.
(3) the Attorney General shall provide to a participant an opportunity to be heard before making a decision under subsection (2).
20 laws of Malaysia ACT 696 (4) the provisions of subsection (3) shall not apply if the Attorney is not knowing where the participants are.
(5) where a participant was given an opportunity to be heard and the participant does not make any representation, the Attorney General shall continue to make decisions on the recommendations made.
(6) Notwithstanding subsection (1), a participant may make a request in writing to the Director General so that the protection and assistance provided under the Program is terminated by the Attorney General.
(7) upon receipt of a request under subsection (6), the Director General shall make recommendations to the Attorney General for his decision.
(8) where a participant is aggrieved by the decision of the Attorney General under subsection (2) or (7), he may appeal in writing to the Minister within fourteen days from the date of receipt of the decision.
(9) If an appeal is made under subsection (2) or (7) ─ (a) the Attorney General shall submit reasons for its decision, together with the recommendation of the Director-General under subsection (1) or (7) to the Minister; and (b) a participant shall remain in the Program until a decision on the appeal made by the Minister.
(10) the Minister shall, on receiving an appeal under subsection (8), make a decision on the appeal.
(11) where protection and assistance given under the programme to a participant is terminated, the Director General may cancel this expedient and necessary ─ (a) inform the participants about the termination; and protection of Witnesses 21 (b) to notify the public service and the relevant public authorities about the termination.
PART IV GENERAL confidentiality Obligation 17. (1) except as provided in this Act, the Director General or any officer, whether in the tenure of his Office or the period of its employment or thereafter, and any other person through any means having access to any information or document relating to the Affairs of the Programme, can not provide or otherwise disclose the information or document to any person.
(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, be punished by imprisonment for a term not exceeding twenty years.
The Director General is not required to disclose information 18. (1) subject to section 12 and subsection (2), the Director General or any officer not required ─ (a) to submit in any proceedings in the Court, tribunal, Commission or investigation, any document that has been in the care or control of the Director General or his officers; or (b) to disclose or pass on to a body of any matter or thing which has come to the attention of the Director General or any officer on 22 laws of Malaysia ACT 696 in the execution of their duties and functions under this Act, unless required to do so to carry out the purposes of this Act.
(2) if required for Universiti Teknologi any legal proceedings that the judge or Magistrate conducting the proceedings shall be notified of the place and circumstances of one participant, a person referred to in subsection (1) shall disclose information relating to a judge or Magistrate in chambers, but that person cannot disclose information that if any person other than a judge or Magistrate is present.
(3) the judge or magistrate may not disclose any information that is disclosed to a judge or Magistrate under subsection (2) other than in accordance with this Act.
Requirement if the participant as a witness in criminal proceedings 19. If a participant or former participant is given a new identity under the Program will be a witness in a criminal proceeding under a new identity, the participant or former participant, as the case may be, shall notify the Director General that he would be a witness in the proceedings.
The participant's identity should not be disclosed in court proceedings 20. (1) where in any proceedings in the Court, tribunal, Commission or investigation, the identity of a participant an issue or may be exposed, Court, tribunal, Commission or inquiry shall, unless the Court, tribunal, Commission or inquiry found that the interests of justice require otherwise — (a) carry out parts of the proceedings related to the participant's identity confidentially; and protection of Witnesses 23 (b) make any order relating to the restriction of the publication of evidence given before the Court, tribunal, Commission or inquiry as, in its opinion, will ensure that the participant's identity is not disclosed;
(2) any person who contravenes paragraph (1) (b) commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding ten years or both.
Payment under the Program cannot be seized 21. Notwithstanding any law to the contrary, any payments made to a participant under the Program should not be foreclosed, dilucuthakkan or frozen and cannot be used for any other purpose, except as provided under this Act.
Special arrangements 22. There is nothing in this Act shall prevent the Director-General from making special arrangements with someone under which a participant can benefit under a contract or arrangement without disclosing the identity of the original participants.
Exemption from judicial review 23. (1) no judicial review may be made in any Court of any act done or any decision made by the Minister, the Attorney General or the Director General under this Act.
(2) in this section, "judicial review" includes proceedings initiated by the way ─ 24 laws of Malaysia ACT 696 (a) an application for a prerogative of any order for mandamus, prohibition and certiorari;
(b) an application for a declaration or an injunction;
(c) any writ of habeas corpus; or (d) any suit or other action relating to or arising from any manufacture done or any decision made pursuant to any of the powers conferred to the Minister, the Attorney General or the Director-General by any of the provisions of this Act.
Protection against legal 24. An action cannot be taken and the prosecution cannot be brought, instituted or maintained against any person in the Court for anything done or omitted from committed under this Act ─ (a) in good faith;
(b) a reasonable belief that it is necessary for the purposes that are intended to be achieved with it; or (c) to implement the provisions of this Act.
An initial prosecution 25. No prosecution in respect of any offence under this Act shall be instituted except by or with the written consent of the public prosecutor.
Protection of Witnesses 25 Offences 26. (1) except as provided in this Act, no person shall disclose any information ─ (a) about the identity or place a witness, participant or former participant; or (b) that affect the safety of the witness, the participant or former participant in it.
(2) a person who becomes a participant or was a participant, or a witness who has been considered for recommended for inclusion into the Program, not disclose ─ (a) the fact that he was a participant or was a participant or have been considered for recommended for inclusion into the Program;
(b) information about how the Program is run; or (c) information on any officer involved or had been involved in the programme, unless such person has been granted in writing by the Director General to make such disclosure.
(3) any person who contravenes ─ (a) of paragraph (1) (a) or (b) commits an offence and shall, on conviction, be punished by imprisonment for a term not exceeding twenty years; or (b) of paragraph (2) (a), (b) or (c) commits an offence and shall, on conviction, be punished by imprisonment for a term not exceeding ten years.
26 laws of Malaysia ACT 696 Pensubahatan and 27 trial. Any person who is aiding and abetting or attempting to commit any offence punishable under this Act is punishable with the punishment provided for the offence.
The power of the police officer is not reduced 28. There is nothing contained in this Act can reduce the power of police officers to provide protection and assistance to a witness under the Police Act 1967 [Act 344].
Report to Minister 29. (1) the Director General shall, not later than 31 March of the next year, submit an annual report relating to the conduct of the General, implementation and effectiveness of the Program to the Minister.
(2) the Director General may, whenever it deems it necessary to do so, submit special reports to the Minister on any matter relating to the Program.
Regulations 30. The Minister may make such regulations as expedient or necessary to carry out the purposes of this Act.
27 the laws of MALAYSIA ACT WITNESS PROTECTION ACT 696 2009 LIST AMENDMENT of laws that amend the short title with effect from 28 ─ ─ THERE are laws of MALAYSIA ACT WITNESS PROTECTION ACT 696 2009 LIST amendment of section Power amend with effect from ─ ─ NO
