Malaysia legislation
Section 10
Section 10
(2)
An inquiry held under subsection (1) shall be held in such manner and in accordance with such procedure as the Board may direct.
(3)
An Inquiry Officer may, for the purpose of any inquiry under this Act—
(a)
procure and receive all such evidence, in any form and whether the evidence be admissible or not under any written law for the time being in force relating to evidence or criminal procedure, which he may think necessary or desirable;
(b)
summon and examine witnesses on oath or affirmation, and may for those purposes administer any oath or affirmation;
(c)
require the production of any document or other thing in his opinion relevant to the inquiry;
(d)
if he considers it necessary in the public interest or to protect a witness or his family or associates, receive evidence in the absence of the person who is the subject of the inquiry;
(e)
give any direction as may be necessary.
Prevention of Terrorism 13
(4)
For the purposes of paragraph (3)(d), where any evidence is received in the absence of the person who is the subject of the inquiry, the Inquiry Officer shall communicate to the person the substance of the evidence, so far as he may consider it compatible with the public interest or the need to protect a witness or his family or associates so to do, and shall in every such case include in any report made under paragraph 12(2)(a) a statement of the circumstances in which the evidence was received.
(5)
Any person summoned as a witness under subsection (3)
who without reasonable excuse fails to attend at the time and place mentioned in the summons or who, having attended, refuses to answer any question that may lawfully be put to him or to produce any document or thing which is in his power to produce, commits an offence and shall be punished with imprisonment for a term not exceeding six months or to a fine not exceeding two thousand ringgit or to both.
(6)
Neither the person who is the subject of the inquiry nor a witness at an inquiry shall be represented by an advocate and solicitor at the inquiry except when his own evidence is being taken and recorded by the Inquiry Officer.
(7)
The Public Prosecutor may appear at an inquiry to assist the Inquiry Officer.
(8)
The Minister may by regulations prescribe the allowances to be paid to witnesses summoned under subsection (3).
Access by Inquiry Officer to detainees or prisoners