Criminal Procedure Code · s 380A

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380A.
When witness not required to attend
(1) Any document purporting to be a report under the hand of any of the persons mentioned in subsection (2) upon any person, matter or thing examined or analysed by him may be given in evidence in any enquiry, trial or other proceedings under the Supreme Court Act (Chapter 5), the
Subordinate Courts Act (Chapter 6), or the Code, unless such person shall be required to attend as witness -
(a) by the Court; or

Criminal Procedure Code
CAP.7 199
(b) by an accused upon giving notice in writing to the prosecution not less than 7 clear days before the commencement of the trial:
Provided always that in any case in which the prosecution intends to give in evidence any such report, a copy thereof shall be delivered to the accused not less than 14 clear days before the commencement of the trial, unless the
Court otherwise allows.
(2) The following are persons to whom the provision of subsection (1) applies -
(a) Government medical officers;
(b) any person employed for the time being wholly or partly on analytical work in any department of the Government;
(c) any chemist or any person employed for the time being on analytical work by the Government of the Federation of
Malaysia or Singapore;
(d) (deleted);
(e) any inspector of weights and measures duly appointed as such under the provisions of any written law;
fl any person or class of persons to whom the Permanent
Secretary to the Office of the Prime Minister, notification published in Gazette, declares that the provisions of this section apply-
(3) Persons referred to in subsection (2) shall by this Code be bound to state the truth in reports made under their hands.

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s 380AWhen witness not required to attend

(1)

Any document purporting to be a report under the hand of any of the persons mentioned in subsection (2) upon any person, matter or thing examined or analysed by him may be given in evidence in any enquiry, trial or other proceedings under the Supreme Court Act (Chapter 5), the

Subordinate Courts Act (Chapter 6), or the Code, unless such person shall be required to attend as witness -

(a)

by the Court; or

(b)

by an accused upon giving notice in writing to the prosecution not less than 7 clear days before the commencement of the trial:

Provided always that in any case in which the prosecution intends to give in evidence any such report, a copy thereof shall be delivered to the accused not less than 14 clear days before the commencement of the trial, unless the

Court otherwise allows.

(2)

The following are persons to whom the provision of subsection (1) applies -

(a)

Government medical officers;

(b)

any person employed for the time being wholly or partly on analytical work in any department of the Government;

(c)

any chemist or any person employed for the time being on analytical work by the Government of the Federation of

Malaysia or Singapore;

(d)

(deleted);

(e)

any inspector of weights and measures duly appointed as such under the provisions of any written law;

fl any person or class of persons to whom the Permanent

Secretary to the Office of the Prime Minister, notification published in Gazette, declares that the provisions of this section apply-

(3)

Persons referred to in subsection (2) shall by this Code be bound to state the truth in reports made under their hands.