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SECTION 40A
SECTION 40A
Admissibility of deposition of person who cannot be found
     (1)   Notwithstanding anything contained in this Act and any written law to the contrary, where in any proceeding for any offence under this Act a testimony of any person in respect of whom an order for removal from Malaysia has been made by the Director General under section 32, 33 and 56(2) is required by the court, there shall be admissible in evidence before that court any deposition relating to the subject matter of that proceeding made by that person---

(a) in Malaysia before a Sessions Court Judge or a Magistrate in the presence or absence of the person charged with the offence; or

(b) outside Malaysia before a consular officer or a judicial officer of a foreign country in the presence or absence of the person charged with the offence,

and any such deposition shall, without further proof, be admitted as prima facie evidence of any fact stated in the deposition.

(2) It shall not be necessary for any party in any proceeding to prove the signature or official character of the Sessions Court Judge, Magistrate, consular officer or judicial officer before whom the deposition under subsection (1) was made.

(3) For the purposes of this section, a reference to---

(a)  a “deposition” includes any written statement made upon oath; and

(b) an “oath” includes an affirmation or declaration in the case of persons allowed by the  law to affirm or declare instead of swears.

(4) Nothing in this section shall prejudice the admission as evidence of any other    
      deposition.