Malaysia legislation
Section 27
Section 27
(a)
order any member of the police force or officer of a public body through his Head of Department, or any person to attend before the officer of the Commission for the purpose of being examined orally in relation to any matter which may, in the opinion of such officer of the Commission, assist in the investigation; or
(b)
order any member of the police force or officer of a public body through his Head of Department, or any person, to furnish, within the time specified by the officer of the Commission, a statement in writing made
Independent Police Conduct Commission 21
on oath or affirmation setting out in the statement all such information which may be required under the notice, being information which may, in the opinion of such officer of the Commission, assist in the investigation.
(2)
Any member of the police force, officer of a public body or person to whom a written notice has been given under paragraph (1)(a)—
(a)
shall attend in accordance with the terms of the notice to be examined, and shall continue to attend from day to day where so directed until the examination is completed; and
(b)
shall, during such examination, disclose all information which is within his knowledge, or which is available to him, in respect of the matter in relation to which he is being examined, and answer any question put to him truthfully and to the best of his knowledge and belief.
(3)
The officer of the Commission in examining any member of the police force, officer of a public body or person under paragraph (1)(a) shall record in writing any statement made by the member of the police force, officer of a public body or person and the statement so recorded shall be read to and signed by the member of police force, officer of a public body or person, and where such member of the police force, officer of a public body or person refuses to sign the record, the officer of the Commission shall endorse on the record under the hand of the officer of the
Commission the fact of such refusal and the reasons for the refusal, if any, stated by the member of the police force, officer of a public body or person examined.
(4)
The member of the police force, officer of a public body or person examined under paragraph (1)(a) shall be legally bound to answer all questions put to him by the officer of the Commission, but the member of the police force, officer of a public body or person examined—
(a)
may refuse to answer any question the answer to which would have a tendency to expose the member of the police force, officer of a public body or person to a criminal charge or penalty or forfeiture; or
Act 839
(b)
may refuse to disclose a sensitive information if certified by the Head of Department that the production of the sensitive information is prejudicial to national security or national interest.
(5)
Any member of the police force, officer of the public body or person who contravenes this section commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Power to obtain documents or other things