Page:Security Offences (Special Measures) Act 2012.pdf/20

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20
Laws of Malaysia
Act 747

(2) Such statement or confession shall be recorded in full in writing by the Sessions Court Judge to whom it is made and shall then be forwarded to the court before which the case is to be tried.

(3) No Sessions Court Judge shall record any such statement or confession unless, upon questioning the person making it, he is satisfied that it was made without threat, inducement or promise at that particular time.

(4) When the Sessions Court Judge records any confession he shall make a memorandum at the foot of such record to the following effect:

“I am satisfied that this confession was made without threat, inducement or promise. It was taken in my presence and hearing and was read over to the person making it and admitted by him to be correct and it contains a full and true account of what he said.

(Signed) A.B.
Sessions Court Judge.”.

(5) An oath or affirmation shall be taken or made by any person making a statement or confession under this section.

Protection of informer

28. (1) No complaint by an informer as to a security offence under this Act shall be admitted in evidence in any civil or criminal proceeding whatsoever, and no witness shall be obliged or permitted to disclose the name or address of any informer, or state any matter which might lead to his discovery.

(2) If any books, documents or papers which are in evidence or liable to inspection in any civil or criminal proceeding whatsoever contain any entry in which any informer is named or described or which might lead to his discovery, the court before which the proceeding is had shall cause all such passages to be concealed from view or to be obliterated so far as is necessary to protect the informer from discovery, but no further.