6. The principal Act is amended by inserting, immediately after section 10, the following sections:“Information and identity of informers not to be disclosed |
10A.—(1) Except as provided in subsection (3) —(a) | no information disclosed by an informer pursuant to section 8, 9 or 10 shall be admitted in evidence in any criminal or civil proceedings; and | (b) | no witness in any criminal or civil proceedings shall be obliged —(i) | to disclose the name and address of any informer; or | (ii) | to answer any question if the answer thereto would lead, or would tend to lead, to the discovery of the name or address of the informer. |
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(2) If any book, document or paper which is in evidence or liable to inspection in any criminal or civil proceedings contains any entry in which any informer is named or described or which may lead to his discovery, the court shall cause those entries to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery. |
(3) If a court —(a) | in any proceedings before it for an offence under any written law, after full inquiry into the case, is satisfied that an informer wilfully made a material statement which he knew or believed to be false or did not believe to be true; or | (b) | in any other proceedings, is of the opinion that justice cannot be fully done between the parties thereto without the disclosure of the name of an informer, |
the court may permit inquiry and require full disclosure concerning the informer. |
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(4) In this section, “informer” means a person who makes a disclosure or report pursuant to section 8, 9 or 10. |
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10B.—(1) Any person —(a) | who knows or has reasonable grounds to suspect that a police officer is acting, or is proposing to act, in connection with an investigation which is being, or is about to be, conducted under or for the purposes of this Act; and | (b) | who discloses to any other person information or any other matter which is likely to prejudice that investigation or proposed investigation, |
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 3 years or to both. |
(2) Any person —(a) | who knows or has reasonable grounds to suspect that a disclosure or report has been or is being made under section 8, 9 or 10; and | (b) | who discloses to any other person information or any other matter which is likely to prejudice any investigation which might be conducted following the disclosure or report, |
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 3 years or to both. |
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(3) Nothing in subsection (1) or (2) makes it an offence for an advocate and solicitor or his employee to disclose any information or other matter —(a) | to, or to a representative of, a client of his in connection with the giving of advice to the client in the course of and for the purpose of the professional employment of the advocate and solicitor; or | (b) | to any person —(i) | in contemplation of, or in connection with, legal proceedings; and | (ii) | for the purpose of those proceedings. |
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(4) Nothing in subsection (1) or (2) makes it an offence for a legal counsel in an entity or a person acting under his supervision to disclose any information or other matter —(a) | to the entity in connection with the giving of advice to the entity, or any officer or employee of the entity, in the course of and for the purpose of his employment as such legal counsel; or | (b) | to any person —(i) | in contemplation of, or in connection with, legal proceedings; and | (ii) | for the purpose of those proceedings. |
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(5) Where a legal counsel is employed by one of a number of corporations that are related to each other under section 6 of the Companies Act (Cap. 50), subsection (4) shall apply in relation to the legal counsel and every corporation so related as if the legal counsel were also employed by each of the related corporations. |
(6) Where a legal counsel is employed by a public agency and is required as part of his duties of employment or appointment to provide legal advice or assistance in connection with the application of the law or any form of resolution of legal dispute to another public agency or agencies, subsection (4) shall apply in relation to the legal counsel and the second-mentioned public agency or agencies as if the legal counsel were also employed by the second-mentioned public agency or agencies. |
(7) Subsections (3) and (4) do not apply in relation to any information or other matter which is disclosed with a view to furthering any illegal purpose. |
(8) In proceedings against a person for an offence under subsection (1) or (2), it is a defence to prove that he did not know and had no reasonable ground to suspect that the disclosure was likely to be prejudicial in the way mentioned in subsection (1) or (2). |
(9) No person shall be guilty of an offence under this section in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or other penal legislation. |
(10) In this section —“legal counsel” has the same meaning as in section 3(7) of the Evidence Act (Cap. 97); |
“public agency” has the same meaning as in section 128A(6) of the Evidence Act.”. |
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