WITNESS PROTECTION ACT 2009

Witness Protection LAWS OF MALAYSIA REPRINT Act 696 WITNESS PROTECTION ACT 2009 As at 1 September 2019 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2019 1 2 Act 696 Laws of Malaysia WITNESS PROTECTION ACT 2009 Date of Royal Assent … … … … … 18 April 2009 Date of publication in the Gazette … … 30 April 2009 Witness Protection LAWS OF MALAYSIA Act 696 WITNESS PROTECTION ACT 2009 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title and commencement 2. Interpretation Part II WITNESS PROTECTION PROGRAMME 3. Establishment 4. Appointment 5. Functions 6. Duty to provide assistance 7. Application for inclusion in the Programme 8. Witness to disclose certain matters 9. Factors to be considered 10. Inclusion in the Programme 11. Register of Participants 12. Access to Register 13. Action where a witness is included in the Programme 3 4 Laws of Malaysia Act 696 Part III RIGHTS, OBLIGATIONS, NON-DISCLOSURE AND TERMINATION Section 14. Dealing with outstanding rights and obligations of participant 15. Non-disclosure of original identity of participant 16. Termination of protection and assistance Part IV GENERAL 17. Obligation of secrecy 18. Director General not required to disclose information 19. Requirement where participant becomes a witness in a criminal proceeding 20. Identity of participant not to be disclosed in court proceedings 21. Payment under the Programme not to be confiscated 22. Special arrangement 23. Exclusion of judicial review 24. Protection from suit 25. Institution of prosecution 26. Offences 27. Abetments and attempts 28. Powers of police officers not derogated 29. Report to the Minister 30. Regulations Witness Protection 5 LAWS OF MALAYSIA Act 696 WITNESS PROTECTION ACT 2009 An Act to establish a programme for the protection of witnesses and for other matters connected therewith. [15 April 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) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. Interpretation 2. In this Act, unless the context otherwise requires— “enforcement agency” includes a body or agency that is responsible for the enforcement of laws relating to the prevention, detection and investigation of any offence; “Register” means the Register of Participants maintained under section 11; “Director General” means the Director General of Witness Protection appointed under subsection 4(1); 6 Laws of Malaysia Act 696 “Minister” means the Minister charged with the responsibility for Witness Protection Programme; “Registrar” means the Registrar of Witness Protection appointed under subsection 11(1); “participant’ means a witness who has been included in the Programme; “public authority” means the public authority as defined in Clause (2) of Article 160 of the Federal Constitution; “Programme” means the Witness Protection Programme established under this Act; “criminal proceeding” includes any criminal trial or inquiry before a court or tribunal having criminal jurisdiction, an inquest or inquiry into 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 given or who has agreed to give evidence on behalf of the Government in a criminal proceeding; (b) a person who has given or who has agreed to give evidence, otherwise than as mentioned in paragraph (a), in relation to the commission or possible commission of an offence; (c) a person who has provided any information, a statement or assistance to a public officer or an officer of a public authority in relation to 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 his relationship to or association with any of the persons referred to in paragraphs (a) to (d), may require protection or assistance under the Programme. Witness Protection 7 Part II WITNESS PROTECTION PROGRAMME Establishment 3. There is established a Witness Protection Programme to be maintained by the Director General. Appointments 4. (1) The Minister may appoint a Director General and a Deputy Director General of Witness Protection from amongst members of the public services. (2) The Minister may appoint such other person or persons, as he deems fit, to assist the Director General in carrying out the purposed of this Act. (3) Every person appointed under subsection (2) shall be subject to general direction, control and supervision of the Director General and shall have and exercise all the powers of the Director General under this Act except those referred in subsections 12(1) and 15(1). (4) In the event that the Director General is absent or unable to act due to illness or any other cause, the Deputy Director General shall exercise the powers of the Director General under subsections 12(1) and 15(1). Functions 5. (1) The Director General shall responsible for the recommendation of witnesses to whom protection and assistance may be provided under the Programme. (2) The Director General may arrange or provide protection and other assistance to a witness or participant under the Programme. 8 Laws of Malaysia Act 696 Duty to provide assistance 6. (1) Notwithstanding any written law to the contrary, a person shall provide to the Director General, on the Director General’s request, any statement, record, other document or other form of assistance that may assist the Director General in performing his functions under this Act. (2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding three thousand ringgit or to imprisonment for a term not exceeding six months or to both. (3) Notwithstanding any written law to the contrary, no proceedings or action shall be taken against a person who acts in compliance with subsection (1). Application for inclusion in the Programme 7. (1) Any witness may apply to the Director General to be included in the Programme. (2) An enforcement agency may, with the written consent of a witness, apply to the Director General that the witness be included in the Programme. (3) If a witness is under eighteen years of age, a parent or guardian of the witness may apply on his behalf to be included in the Programme. (4) Upon receipt of an application under this section, the Director General may provide interim protection and assistance to a witness. Witness to disclose certain matters 8. (1) In an application under section 7, a witness shall— (a) disclose to the Director General details of all outstanding legal obligations of the witness; Witness Protection 9 (b) disclose to the Director General details of any outstanding debts of the witness, including any outstanding tax; (c) disclose to the Director General details of the criminal history of the witness which includes orders relating to sentences imposed on the witness; (d) disclose to the Director General details of any civil proceedings that have been instituted by or against the witness; (e) disclose to the Director General details of any bankruptcy proceedings that have been instituted against the witness; (f) inform the Director General whether the witness is an undischarged bankrupt under the Insolvency Act 1967 [Act 360] and, if the witness is an undischarged bankrupt, shall submit to the Director General copies of all documents relating to the bankruptcy; (g) inform the Director General whether there are any restriction on the witness holding positions in companies, whether public or private and, if there are, give to the Director general copies of all documents relating to those restrictions; (h) disclose to the Director General details of the immigration status of the witness; (i) disclose to the Director General details of any reparation order that is in force against the witness; (j) disclose to the Director General details of the financial liabilities and assets, whether real or personal, of the witness; (k) inform the Director General whether any of the property of the witness, whether real or personal, is liable to forfeiture or confiscation or is subject to restraint under any other law; (l) inform the Director General of the general medical condition of the witness; 10 Laws of Malaysia Act 696 (m) disclose to the Director General details of any relevant court orders or arrangements relating to custody or access to children; (n) disclose to the Director General details of any business dealings in which the witness is involved; and (o) disclose to the Director General details of any arrangements that the witness has made for— (i) the service of documents on the witness; (ii) representation in proceedings in a court; (iii) enforcement of judgments in favour of the witness; and (iv) compliance with the enforcement of judgments against the witness. (2) The Director General may send such witness to undergo medical, psychological and psychiatric examinations to determine his suitability for inclusion in the Programme. (3) Any person who discloses or supplies information to the Director General for the purpose of assisting the Director General in deciding whether or not to recommend him to be included in the Programme shall not disclose or supply information which he knows or ought reasonably to know is false. (4) Any person who contravenes subsection (3) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both. Factors to be considered 9. (1) The Director General in deciding whether to recommend that a witness is to be included in the Programme or not shall consider the following: (a) whether the witness has a criminal record, particularly in respect of crimes of violence, and whether that record indicates a risk to the public if the witness is included in the Programme; Witness Protection 11 (b) the result of a medical, psychological and psychiatric examinations conducted under subsection 8(2); (c) the seriousness of the offence to which the evidence or statement of the witness relates; (d) the nature and importance of the evidence or statement of the witness; (e) whether there are alternative methods of protecting the witness; (f) the nature of the perceived danger to the witness; (g) the nature of the relationship of the witness to other witnesses being selected for inclusion in the Programme; and (h) any other matters as the Director General considers relevant. (2) The Director General may make such other inquiries and investigations, as he considers necessary, for the purposes of assessing whether the witness is to be recommended to be included in the Programme. Inclusion in the Programme 10. (1) The Director General shall, after considering the factors referred to in section 9, recommend whether or not a witness is to be included in the Programme. (2) Every recommendation by the Director General for a witness to be included in the Programme, shall be made to the Attorney General. (3) The Attorney General, upon receiving the recommendation referred to in subsection (1), shall decide whether or not to include a witness in the Programme. 12 Laws of Malaysia Act 696 (4) If any person is aggrieved by the decision of the Attorney General under subsection (3), he 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 his grounds of decision together with the recommendation of the Director General under subsection (1) to the Minister; and (b) the protection and assista