Page:Security Offences (Special Measures) Act 2012.pdf/12

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12
Laws of Malaysia
Act 747

(7) Any person who tampers with, or destroys, the electronic monitoring device commits an offence and shall, on conviction, be liable to imprisonment not exceeding three years and such person shall be liable to pay for any damage to the electronic monitoring device arising from his action.

(8) Upon expiry of the period referred to in subsection (1), the person shall report to the nearest police station for removal of the electronic monitoring device.

(9) This section shall have effect notwithstanding anything inconsistent with Article 9 of the Federal Constitution.

Part IV
special procedures relating to sensitive information

Sensitive information to be used as evidence by the Public Prosecutor

8. (1) Notwithstanding section 51a of the Criminal Procedure Code, if the trial of a security offence involves matters relating to sensitive information the Public Prosecutor may, before the commencement of the trial, apply by way of an ex parte application to the court to be exempted from the obligations under section 51a of the Criminal Procedure Code.

(2) The Public Prosecutor shall disclose to the court the intention to produce sensitive information as evidence against the accused during the trial and the court shall allow the application under subsection (1).

(3) The court shall view the sensitive information and other documents relating to the sensitive information and the court shall, in lieu of the delivery of the documents by the Public Prosecutor to the accused, order the Public Prosecutor to produce—

(a) a statement setting out relevant facts that the sensitive information would tend to prove; or
(b) a summary of the sensitive information,

to be admitted as evidence.