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HAFIYUDDIN AZHAD BIN HASSAN
012019090325

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In the law of evidence, a privilege is a rule of evidence that allows the holder of the privilege to refuse to disclose information or provide evidence about a certain subject or to bar such evidence from being disclosed or used in a judicial or other proceeding.

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Have a government logo on the document

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1. Dr Munawar Ahmad Aness v Ketua Pengarah Penjara Malaysia (1999)
2. Yusof bin Omar v Pendakwa Raya (2001)
3. Noliana binti Sulaimain v PP (2000)

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Bank statement and transaction

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a document laid out in a specified way, setting out the evidence of the person writing the statement and ending with a statement of truth. By signing the document the author confirms it is true.

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Documentary evidence comprises of all documents, written or in tangible form which need to be produced before the court of law during the course of trial or civil proceedings. Medical certificates are documentary evidences

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Martial Communication Privilege
1. Section 120 of EA 1950
- 120. (1) In all civil proceedings the parties to the suit, and the
husband or wife of any party to the suit, shall be competent
witnesses.
2. Section 122 of EA 1950
- No person who is or has been married shall be compelled to disclose any communication made to him during marriage by
any person to whom he is or has been married; nor shall he be permitted to disclose any such communication unless the person who made it or his representative in interest consents, except
in suits between married persons or proceedings in which one married person is prosecuted for any crime committed against
the other.

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Legal Professional Privilege
1. Section 126 of EA 1950
(1) No advocate shall at any time be permitted, unless with his client’s express consent, to disclose any communication made to him in the course and for the purpose of his employment as such advocate by or on behalf of his client, or to state the contents or condition of any document with which he has become acquainted in the course and for the purpose of his professional employment, or to disclose any advice given by him to his client
in the course and for the purpose of such employment
2. Section 127 of EA 1950
- Section 126 shall apply to interpreters and the clerks or servants of advocates.

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Crown/State/Public Interest Immunity Privilege
1. Section 123 of EA 1950
- . No one shall be permitted to produce any unpublished official records relating to affairs of State, or to give any evidence derived therefrom, except with the permission of the officer at the head of the department concerned, who shall give or withold
permission as he thinks fit, subject, however, to the control of a Minister in the case of a department of the Government of Malaysia, and of the Chief Minister in the case of a department of a State Government.
2. Section 162 of EA 1950
- (1) A witness summoned to produce a document shall, if it is in his possession or power, bring it to court notwithstanding
any objection which there may be to its production or to its admissibility. The validity of any such objection shall be decided
on by the court.
3. Section 124 of EA 1950
- No public officer shall be compelled to disclose communications made to him in official confidence when he considers that the
public interest would suffer by the disclosure:
- Provided that the court may require the head of the department of the officer to certify in writing whether or not such disclosure would be detrimental to the public interest and, if the head
of the department certifies that such disclosure would not be
prejudicial to the public interest, then the officer shall disclose the communications.

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Privilege Against Self Incrimination
1. Section 132 of EA 1950
- (1) A witness shall not be excused from answering any question as to any matter relevant to the matter in issue in any
suit, or in any civil or criminal proceeding, upon the ground that the answer to that question will criminate or may tend directly or indirectly to criminate, him, or that it will expose, or tend directly or indirectly to expose, the witness to a penalty or forfeiture of
any kind, or that it will establish or tend to establish that he owes
a debt or is otherwise subject to a civil suit at the instance of the
Government of Malaysia or of any State or of any other person.

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McElwaine CJ held that the wife of an accused was compellable witness. In that case, the accused was charged in the magistrates' court for kidnapping a Muslim girl under 16 from her father. Before the trial, the accused married the girl and at the trial the only material witness against him on the charge was his wife. He was convicted of the offence charged. On appeal to the High Court it was argued that under Section 121(2) of the evidence ordinance, she could not be compelled o testify against him. This argument was rejected.

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He did not follow section 120 and 122. THe judge on appeal surveyed section 120 and 122 and a number of local cases. It was clear that the spouse is a competent witness under section 120. It was held that a witness if a spouse is a competent and compellable witness unless in section 122 the communication is a privilege marital communication.

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The accused was charged with the murder of his father in law. The father in law and the husband said in the wife's house to the wife that they were going for katak hunting, later the husband came back home alone. The father in law was found murdered and the husband was charged for his murder.