Section 33
Section 33
(1)
Except as may be necessary for the implementation or administration of this Order, a person to whom this subsection applies -
(a)
shall preserve and assist in preserving confidentiality with regard to all matters relating to the affairs of any person that may come to his know ledge in the performance of any function assigned by or carried out under this Order;
(b)
shall not communicate any such matter to any person other than
(i)
the person to whom the matter relates;
(ii)
the Minister;
(iii)
the Authority or an officer of the Authority; and
(iv)
a person (whether he is a public officer or not) who was assigned, appointed or employed to advise or otherwise assist the Minister or the Authority; and
(c)
shall not suffer or permit another person, not being also a person to whom this subsection applies, to have access to any records which are in his pqssession or custody, or under his control or in the possession or under the control of any other person to whom this subsection applies, being in either case records created in the performance of a function assigned by this Order.
(2)
Subsection (1) applies to any person who is or has been-
(a)
the Minister, the Authority or a member of the Authority, or a public officer; or
(b)
a person (whether he is a public officer or not) who was assigned, appointed or employed to advise or otherwise assist the Minister or the Authority.
(3)
Subject to subsection (4){b), if a court is satisfied that the public interest so requires, the court may require a person who receives any information, report, statement of account or other document pursuant to a provision of this Order fa) to produce or otherwise disclose the information or document;
(b)
to divulge or communicate any other matter or thing coming to his notice in, or in connection with, the performance of a function assigned by this Order, and nothing in this section shall entitle any person to refuse to comply with such a requirement.
(4)
Subsection (1) does not prohibit-fa) the disclosure of information in the form of a summary which is framed so as to prevent the identity of, or any particulars relating to, the holder of a licence under this Order or any person to whom any permission under this Order relates·'being ascertained from the summary;
fb) the disclosure of any document, information or other matter or thing with a view to the institution of, or otherwise for the purposes of, criminal proceedings, whether under this Order or not, or in connection with any legal proceedings arising by reason of this
Order;
fc)
the disclosure of information which is for any reason already available to the public;
{d)
disclosure to a person appointed to investigate the affairs of a company; and
{e)
the disclosure of information in bankruptcy or insolvency proceedings in Brunei Darussalam.
(5)
Nothing in this section shall be construed as prohibiting any person from waiving the protection it accords to his affairs, whether generally or in a particular respect or for a particular purpose; but no other person may rely on such a waiver unless it is in writing and signed by the person concerned.
(6)
Any person who discloses information contrary to the provisions of this section shall be guilty of an offence and liable on conviction to a fine not exceeding
$200,000, imprisonment for a term not exceeding 5 years or both.
197
Disclosure to other supervisory authorities.