Page:Security Offences (Special Measures) Act 2012.pdf/17

Rh Protection of witness’ identity

16. (1) Notwithstanding any written law to the contrary, any report through any means on a protected witness shall not reveal or contain—
 * (a) the name;
 * (b) the address;
 * (c) the picture of the protected witness or any other person, place or thing which may lead to the identification of the protected witness; or
 * (d) any evidence or any other thing likely to lead to the identification of the protected witness.

(2) Any person who prepares a report in contravention of subsection (1) commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding five years and also to a fine not exceeding ten thousand ringgit.

Inconsistency with the Evidence Act 1950

17. This Part shall have effect notwithstanding anything inconsistent with the Evidence Act 1950 [Act 56].

Statement by any person who is dead, etc.

18. A statement made, whether orally or in writing, in the course of, or for the purposes of, an investigation or inquiry into a security offence by any person who is dead or who cannot be found, or who has become incapable of giving evidence shall be admissible as evidence.

Conviction based on testimony of a child of tender years

19. A conviction obtained based on the uncorroborated testimony of a child of tender years is not illegal, though not given under oath, if the court is of the opinion that the child is possessed of sufficient intelligence and understands the duty of speaking the truth.