Malaysia legislation
Section 23
Section 23
(2)
The Minister may, by the same order referred to in subsection (1) or by any subsequent order, appoint any person or persons possessing legal or special knowledge to assist the person so appointed under subsection (1) to hold the inquiry.
(3)
Any person conducting an inquiry under this section may if he deems it fit to do so, open the inquiry or any part of the inquiry to the public and shall conduct the inquiry in such manner and under such conditions as he considers most effective for ascertaining the cause and circumstances of the accident and to enable him to make a report to the
Minister.
(4)
When acting pursuant to subsection (3), such person may—
(a)
summon any person to appear before him at a hearing to give evidence and to produce such documents (if any) as are referred to in the summons; and
(b)
at such hearing referred to in paragraph (a) take evidence on oath or affirmation and for that purpose he may—
(i)
require a person appearing at the hearing to give evidence, either to take an oath or make an affirmation;
and
(ii)
administer an oath or affirmation to a person so appearing.
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(5)
Where the person holding the inquiry is satisfied that—
(a)
a person served with a summons to appear as a witness at a hearing pursuant to paragraph (4)(a), without reasonable cause, failed to attend as required; or
(b)
a person appearing as a witness at a hearing before him has, without reasonable excuse—
(i)
when required pursuant to paragraph (4)(b) either to take an oath or make an affirmation;
(ii)
when required by him at the hearing to answer a question; or
(iii)
when required to produce a document by a summons under this Act served on him as prescribed, refused or failed to comply with the requirements, he may, by instrument in writing, certify the failure to attend or the refusal or failure to comply with the requirements, as the case may be, to the High
Court.
(6)
Where a certificate is given under subsection (5), the High Court may inquire into the case and, if it is satisfied that the person to whom the certificate relates has, without reasonable excuse, failed to attend or refused or failed to comply with a requirement as mentioned in the certificate—
(a)
may order the person to attend or to comply with the requirement at a hearing before the person holding such inquiry to be held at a time and place specified in the order;
or
(b)
may punish the person in the same manner as if he had been guilty of contempt of that Court, and if it thinks fit, also make an order under paragraph (a).
Petroleum (Safety Measures)
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Insulting persons conduction inquiry