Banking secrecy in Malaysia: a legal myth / Abd. Razak Said

This article intends to prove that banking secrecy in Malaysia is a legal myth, and not being greatly imphasized during every day banking practice and not being treated as sacred by the government. The discussion begins, with discussion about the practice in the Malaysian banks and the provisions of...

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Main Author: Said, Abd. Razak
Format: Student Project
Language:English
Published: Faculty of Law 1987
Subjects:
Online Access:https://ir.uitm.edu.my/id/eprint/27966/2/27966.pdf
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author Said, Abd. Razak
author_facet Said, Abd. Razak
author_sort Said, Abd. Razak
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description This article intends to prove that banking secrecy in Malaysia is a legal myth, and not being greatly imphasized during every day banking practice and not being treated as sacred by the government. The discussion begins, with discussion about the practice in the Malaysian banks and the provisions of the Malaysian Banking Act 1975. Case law study too is done in order to have a better understanding of the principle. To prove the hypotheses, exceptions from the Malaysian Banking Act 1975 and also explanations from case law will be analysed. Tournier v National Provincial and Union Bank of England (1924) 1KB 461 give the best account on the principle and its exceptions. So, this case can be said as the core of this discussion* The case gives a number of qualifications and limitations tor banking secrecy and its broadness helps to prove the hypothesis. Other normal practices which deviate from the rule are looked into. To provide for a better view of the practice in Malaysia, comparisons are made with practices in countries like Switzerland, which is well known for its exercise of the principle, and also Singapore, which though basically have a similar banking law with Malaysia, has a special feature in that it has implemented the system of numbered accounts which emphasize on confidentiality. From all these facts a conclusion will be made and a discussion for its justifiability will be done.
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spelling uitm.eprints-79662022-12-22T08:14:40Z https://ir.uitm.edu.my/id/eprint/27966/ Banking secrecy in Malaysia: a legal myth / Abd. Razak Said Said, Abd. Razak K Law in general. Comparative and uniform law. Jurisprudence KP Asia and Eurasia, Africa, Pacific Area, and Antarctica. Asia. (South Asia. Southeast Asia. East Asia) This article intends to prove that banking secrecy in Malaysia is a legal myth, and not being greatly imphasized during every day banking practice and not being treated as sacred by the government. The discussion begins, with discussion about the practice in the Malaysian banks and the provisions of the Malaysian Banking Act 1975. Case law study too is done in order to have a better understanding of the principle. To prove the hypotheses, exceptions from the Malaysian Banking Act 1975 and also explanations from case law will be analysed. Tournier v National Provincial and Union Bank of England (1924) 1KB 461 give the best account on the principle and its exceptions. So, this case can be said as the core of this discussion* The case gives a number of qualifications and limitations tor banking secrecy and its broadness helps to prove the hypothesis. Other normal practices which deviate from the rule are looked into. To provide for a better view of the practice in Malaysia, comparisons are made with practices in countries like Switzerland, which is well known for its exercise of the principle, and also Singapore, which though basically have a similar banking law with Malaysia, has a special feature in that it has implemented the system of numbered accounts which emphasize on confidentiality. From all these facts a conclusion will be made and a discussion for its justifiability will be done. Faculty of Law 1987 Student Project NonPeerReviewed text en https://ir.uitm.edu.my/id/eprint/27966/2/27966.pdf Banking secrecy in Malaysia: a legal myth / Abd. Razak Said. (1987) [Student Project] <http://terminalib.uitm.edu.my/27966.pdf> (Unpublished)
spellingShingle K Law in general. Comparative and uniform law. Jurisprudence
KP Asia and Eurasia, Africa, Pacific Area, and Antarctica. Asia. (South Asia. Southeast Asia. East Asia)
Said, Abd. Razak
Banking secrecy in Malaysia: a legal myth / Abd. Razak Said
title Banking secrecy in Malaysia: a legal myth / Abd. Razak Said
title_full Banking secrecy in Malaysia: a legal myth / Abd. Razak Said
title_fullStr Banking secrecy in Malaysia: a legal myth / Abd. Razak Said
title_full_unstemmed Banking secrecy in Malaysia: a legal myth / Abd. Razak Said
title_short Banking secrecy in Malaysia: a legal myth / Abd. Razak Said
title_sort banking secrecy in malaysia a legal myth abd razak said
topic K Law in general. Comparative and uniform law. Jurisprudence
KP Asia and Eurasia, Africa, Pacific Area, and Antarctica. Asia. (South Asia. Southeast Asia. East Asia)
url https://ir.uitm.edu.my/id/eprint/27966/2/27966.pdf
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