Saturday, July 5, 2008

Statutory Declaration of Balasubramaniam

Hi,

This is going to be a short post. I just want to comment on position of law in Malaysia pertaining Statutory Declaration made by Mr. Subramaniam.

Any statutory declaration made in Malaysia is governed by Statutory Declaration Act, 1960. The act is short but precise act. Both declaration made by Mr. Subramaniam in relation to the Altantuya case fall under the jurisdiction of this act and other related act and code of law.

In my humble opinion, there are no provision under the act nor any other law applicable in Malaysia so far to my knowledge that restrain someone from retracting his or her declaration, on the other hand, does the act or any law allow someone to retract his oath? One may be allow to amend his oath maybe to further specifying his words but to withdraw. The reason is very simple, the integrity of the oath is then subject to challenge. And to made it worst, if the the maker of the oath commit a crime under section 3 of the Statutory Declaration Act, 1960 the maker may subject to an offense under section 199 and/or 200 of Penal Code.

Section 199 of the Penal Code deals with false statement made in any declaration which is by law receivable as evidence. and section 200 of the Penal Code penalize a person or persons using as true any such declaration known to be false.

in conclusion, in tend t believe that Mr. Balasubramaniam may not retract his first oath but rather to be understand that the first oath is still standing and applicable. The second oath is merely adding some information to the first oath without having effect canceling the first one.

Now, it is up to the AG chamber how to deal with this issue, the law is very clear!

2 comments:

  1. Salam bro,

    This comment has nothing direct with the entry per se.

    Foremost, kindly accept my apologies but as one brother to another, I believe I should point something which others or you yourself might not find relevant.

    Bro, for a person of your standing, your written English needs much improvement. I understand that whilst writing, one tend to make mistakes. But as I mentioned, for someone of your standing - as a professional lawyer i.e - you cannot afford such mistakes in spelling, what else in grammar, structure. So please, check your entry each time before publishing it. Perhaps, it would be wise for you to write on 'Words' first.

    syah

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