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Up to Apr 17 2006Apr 18 2006 onwards

82. Self-Incrimination and Privileges



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(1) Subject to Article 82(2), it is not a reasonable excuse for a person to refuse or fail to:
(a) permit inspection and copying of any information or document;
(b) give or produce, or procure the giving or production of, any information or document; or
(c) answer questions;
pursuant to any requirement under Articles 73, 74 or 80 of this Law or Article 69 of the Collective Investment Law 2006 on the grounds that any such information or document or answer, as the case may be:
(d) might tend to incriminate the person or make the person liable to a penalty;
(e) is, or contains, or might reveal a Privileged Communication; or
(f) is, or contains, or might reveal a communication made in confidence.
(2) Where the DFSA requires a lawyer to give information or to produce a document or to answer a question, and the giving of the information or the production of the document or the answer to the question would involve disclosing a Privileged Communication made by, on behalf of, or to, the lawyer in his capacity as a lawyer, the lawyer is entitled to refuse to comply with the requirement unless:
(a) where the person to whom, or by, or on behalf of whom, the communication was made is a body corporate that is under official management or is being wound up, the official manager or liquidator of the body as the case may be consents to the lawyer complying with the requirement; or
(b) otherwise, the person to whom, or by, or on behalf of whom, the communication was made consents to the lawyer complying with the requirement.
(3) Where a lawyer so refuses to comply with a requirement, he shall, as soon as practicable, give to the DFSA a written notice setting out:
(a) where the lawyer knows the name and address of the person to whom, or by whom, or on behalf of whom, the communication was made, then that name and address; and
(b) where the requirement to give information or produce a document relates to a communication which was made in writing, then sufficient particulars to identify the document containing the communication.