Malaysia legislation
Section 5
Section 5
House as a court of record
The House sitting as a court shall have all such rights and privileges of a court of record, as may be necessary for the purpose of summarily enquiring into and punishing the acts, matters, and things made punishable as contempts under section 29.
Members and officers of House exempted from serving as jurors or assessors or, when House is sitting, to attend as witnesses in court 6.
No member or officer of the House shall be required to serve on any jury or as assessor or, while in attendance on the House, to attend as a witness in any civil proceedings in any court, unless that court holds its sittings at the seat of the House. The certificate of the President shall be deemed sufficient proof of any such member’s or officer’s attendance in the House.
Houses of Parliament (Privileges and Powers)
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Immunity of members from civil or criminal proceedings for anything done or said before the House 7.
No member shall be liable to any civil or criminal proceedings, arrest, imprisonment, or damages by reason of any matter or thing which he may have brought by petition, bill, resolution, motion, or otherwise, or have said before the House or any committee.
Exemption from liability in damages for any act done under the authority of the House 8.
No person shall be liable in damages or otherwise for any act done under the authority of the House, and within its legal powers or under any warrant issued by virtue of those powers.
Power of House to punish for contempt of the House 9.
The House may, for or in respect of any of the offences hereinafter mentioned, whether committed by a member or by any other person, summarily punish for contempt by fine not exceeding one thousand ringgit as provided by the standing orders or by this
Act; and if any such fine so imposed be not immediately paid the offender shall be committed to the custody of the keeper of any gaol or of an officer of the House in such place as it may direct until payment be made or until the House is dissolved or prorogued, whichever be the earlier.
The said offences shall be—
(a)
disobedience to any order for attendance or for production of papers, books, records, or documents made by the
House or any committee duly authorized in that behalf, unless the attendance or production be excused as provided in section 19;
(b)
refusing to be examined before or to answer any lawful and relevant question put by the House or any such committee, unless such refusal be excused as provided in section 19;
(c)
the wilful failure or refusal to obey any lawful order of the House, whereby the House is or is likely to be obstructed or impeded;
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(d)
the offering to or acceptance by any member or officer of a bribe to influence him in his conduct as such member or officer, or the offering to or acceptance by any member or officer of any fee, compensation, gift or reward for or in respect of the promotion of or opposition to any bill, resolution, matter, rule, or thing submitted to or intended to be submitted to the House or any committee;
(e)
assaulting, obstructing, or insulting any member coming to or going from the House or on account of his conduct in the House or endeavouring to compel any member by force, insult, or menace to declare himself in favour of or against any proposition or matter pending or expected to be brought before the House;
(f)
assault upon, interference with or resistance to an officer of the House while in the execution of his duty;
(g)
sending to a member any threatening letter or challenging a member to a fight on account of his conduct in the
House;
(h)
creating or joining in any disturbance in the House or in the vicinity of the House, whereby any proceedings of the House are or are likely to be interrupted;
(i)
tampering with, deterring, threatening, beguiling, or in any way unduly influencing any witness in regard to evidence to be given by him before the House or any committee;
(j)
presenting to the House or to any committee any false, untrue, fabricated or falsified document with intent to deceive the House or any committee;
(k)
prevarication or other misconduct as a witness before the
House or any committee;
(l)
the publication of any false or scandalous libel on any member touching his conduct as a member;
(m)
the publication of any Report of a Committee of the
House or of any evidence given or any documents presented to such Committee or extracts from such documents, before such Committee has presented its Report to the
House;
Houses of Parliament (Privileges and Powers)
(n)
the publication of any report or statement purporting to be a report of the proceedings of the House in any case—
(i)
where such proceedings have been conducted after exclusion by order of the House of the public; or
(ii)
when such publication has been expressly prohibited by order of the House; or
(iii)
when such report or statement constitutes or contains a wilful misrepresentation of the proceedings of the House or of the speech of any member thereof or is otherwise not made or published in good faith.
No member to vote on matters in which he has a direct pecuniary interest