Malaysia legislation
Section 22
Section 22
(2)
The mines officer may open the inquiry or any part of the inquiry to the public and shall conduct it in such manner as he considers most effective for ascertaining the cause of the accident and he shall subsequently submit a report of the inquiry through the
Director General to the Minister.
(3)
In conducting the inquiry, the mines officer shall have the following powers:
Mineral Development 25
(a)
to procure and receive all evidence, written or oral, and to examine any person as witness as the mines officer deems necessary or desirable to procure or examine;
(b)
to require the evidence, written or oral, of any witness to be made on oath or affirmation (such oath or affirmation to be that which could be required of the witness if he were giving evidence in the High Court) or by statutory declaration; and
(c)
to summon any person to give evidence or produce any document or other thing in his possession and to examine him as a witness or require him to produce any document or other thing in his possession.
(4)
Where the mines officer is satisfied that a person who, under subsection (3)—
(a)
having been summoned to attend any such inquiry, fails to do so;
(b)
having been required to produce any document or other thing, fails to do so; or
(c)
having been required to answer any question, refuses to do so, he may certify in writing the failure to attend or to produce the document or the refusal to answer questions, as the case may be, and inform the Magistrate accordingly.
(5)
A person giving evidence under this section shall be legally bound to state the truth, whether or not such evidence is made wholly or partly in answer to questions.
(6)
Where a certificate is given under subsection (4), the
Magistrate shall inquire into the case and, if he is satisfied that the person to whom the certificate relates has, without reasonable excuse, failed to attend or failed or refused to comply with the requirement as mentioned in the certificate he shall order the person to attend or to comply with the requirement at a hearing before the mines officer holding such inquiry to be held at a time and place specified in the order.
26 Laws of Malaysia ACT 525