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Section 10

No member to vote on matters in which he has a direct pecuniary interest

of Houses of Parliament (Privileges and Powers) Act 1952

ActIn forceProvision 6 of 11
Section 10

(1)

A member shall not in or before the House or any committee take part in the discussion of any matter in which he has a direct pecuniary interest without disclosing the extent of that interest and shall not in any circumstances vote upon any such matter.

(2)

Any member who acts in contravention of this section may be adjudged guilty of contempt by the House, and shall be liable to the penalties provided in this Act for such contempt.

(3)

This section shall not apply to any vote or discussion concerning any remuneration or allowance to be received by members in their capacity, as such, or to any interest which a member may have in any matter in common with the public generally, or with any category or section thereof.

Power of President to issue warrants for apprehension and imprisonment 11.

For the purpose of punishing any of the contempts referred to in this Act, the President, is hereby empowered, upon a resolution in that behalf of the House, to issue a warrant under his hand for the apprehension and imprisonment of any person sentenced to imprisonment or who, having been sentenced to pay a fine, fails to pay the same.

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Contents of warrant 12.

Every warrant aforesaid shall contain a statement that the person therein mentioned has been adjudged guilty of contempt by the House and shall specify the nature of the contempt; and every such warrant shall be sufficient, if it can be reasonably inferred therefrom that the person mentioned therein has been adjudged guilty of any of the contempts aforesaid, and it shall not be necessary to observe any particular form in any such warrant.

Power of President to order arrest of persons causing disturbance during sitting of House 13.

Any person creating or joining in any disturbance in the

House during its actual sitting may be arrested without warrant on the verbal order of the President, and may be kept in the custody of an officer of the House until the House can consider the alleged offence.

Duty to assist in the apprehension of persons ordered to be arrested by the President 14.

Every police officer and every person is hereby required to assist in the apprehension and detention of any person in pursuance of any such verbal order as aforesaid of the President, and to aid and assist in the execution of any such warrant as aforesaid, and where any such warrant directs that the person mentioned therein shall be imprisoned in any gaol or other place, the keeper thereof is hereby required to receive such person into his custody in the said gaol or other place and there to imprison him according to the tenor of the warrant.

Power to enter and search premises 15.

It shall be lawful for any person charged with or assisting in, the execution of any warrant under the hand of the President to break open in the day time, any door or search any premises in which the person for whose apprehension such warrant was issued may be, or may reasonably be suspected of being, concealed.

Houses of Parliament (Privileges and Powers)

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Power of House to order attendance of witnesses and production of documents 16.

The House, and any committee which is duly authorized by an order of the House to send for persons, documents, or papers, may order any person to attend before the House or before such committee, and to produce any paper, book, record, or document in the possession or under the control of such person.

Attendance to be notified by summons 17.

Any order to attend or to produce documents before the

House or before any committee, shall be notified to the person required to attend or to produce documents, by summons under the hand of the Clerk issued by direction of the President; and in every such summons there shall be stated the time when, and the place where, the person summoned is required to attend and the particular documents which he is required to produce, and the summons shall be served on the person mentioned therein, either by delivering to him a copy thereof or by leaving a copy thereof, at his usual or last known place of abode in Malaysia, with some adult person, and there shall be paid or tendered to the person so summoned, if he does not reside within six miles of the House, such sum for his expenses as may be prescribed by any standing order in that behalf.

Examination of witnesses upon oath 18.

The House or any committee may require that any facts, matters, and things relating to the subject of enquiry before the

House or such committee be verified or otherwise ascertained by the oral examination of witnesses, and may cause any such witnesses to be examined upon oath which the President, or the Chairman of the committee or person specially appointed for that purpose may administer.

Exemption from answering questions or producing documents 19.

If any person ordered to attend or produce any paper, book, record, or document before the House or any committee refuses to answer any question that may be put to him or to produce any such paper, book, record, or document on the ground that the same

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is of a private nature and does not affect the subject of enquiry, the President, or the Chairman of the committee, as the case may be, may report such refusal with the reasons therefor, and the

House may thereupon excuse the answering of such question or the production of such paper, book, record, or document or may order the answering or production thereof.

Punishment for giving a false answer 20.

Any person who, before the House or any committee (and whether or not that person has been sworn or has made an affirmation), wilfully and corruptly makes a false answer to any question material to the subject of enquiry which may be put to him during the course of any examination, shall be guilty of the offence of giving false evidence and liable on conviction to the penalties prescribed therefor in section 193 of the Penal Code [Act 574].

Rules relating to privileged evidence apply to evidence before the House 21.

The Evidence Act 1950 [Act 56], relating to privileged evidence shall apply in the case of evidence before the House or any committee.

Certificate by President that a witness has answered questions put to him by the House 22.

Every witness before the House or a committee who shall answer fully and faithfully any questions put to him by the House or such committee to its satisfaction shall be entitled to receive a certificate under the hand of the President or the Chairman of the committee, stating that such witness was upon his examination so required to answer and did answer any such questions.

Prohibition to give evidence outside the House of any evidence before the House without the leave of the House 23.

No member or officer of the House and no shorthand writer employed to take minutes of evidence before the House or any committee, shall give evidence elsewhere in respect of the contents of such evidence or of the contents of any manuscript or document laid before the House or any committee or in respect of any proceedings or examination had before the House or any committee

Houses of Parliament (Privileges and Powers)

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without special leave of the House first had and obtained. Such special leave may be given after a dissolution or during a recess or adjournment by the President, or in his absence or other incapacity by the Clerk.

Journals of the House admissible as evidence 24.

Upon any enquiry touching the privileges, immunities, and powers of the House or of any member, any copy of the journals printed or purporting to be printed by the Government Printer or by or under the authority of the House shall be admitted as evidence of such journals in all courts and places without any proof being given that such copy was so printed.

Penalty for printing false copy of law, report, etc.