Section 128

Except as provided under subsections (3), (4) and (5), the name and address of an informer and the substance of the information received from an informer shall be kept secret and shall not be disclosed by any proper officer of customs or any person who, in the ordinary course of his duties, comes into possession of, or has control of, or access to such information to any person except the designated officer of customs authorised by the Controller.

Any person who contravenes subsection (1) shall be guilty of an offence and liable on conviction to a fine not exceeding $10,000, imprisonment for a term not exceeding 2

years or both.

Except as provided in subsection (5), no witness in any civil or criminal proceedings under or arising from this Order shall be obliged or permitted to disclose the name or address of an informer or the substance of the information received from him or to state any matter which might lead to his discovery.

If any book, document or paper which are in evidence or liable to inspection in any civil or criminal proceedings whatsoever contain any entry in which any informer is named or described or which might lead to his discovery, the court shall cause all such passages to be concealed from view or to be obliterated so far only as may be necessary to protect the informer from discovery.

If on the trial for any offence against this Order the court after full enquiry into the case believes that the informer wilfully 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 civil or other criminal proceedings the court is of opinion that justice cannot be fully done between the parties thereto without the discovery of the informer, it shall be lawful for the court to require the production of the original complaint, if in writing, and permit enquiry, and require full disclosure, concerning the informer.

Incorporating amendments until S 40/2018

(Clean Version) Norhasnani/H.Afif/zimah/zura_as of 17.02.2020

78

BLUV as at 08th August 2018

Confidentiality of information.