Mineral Development Act 1994 · Updated to 1 Jan 2013 · Chapter 1 · Enforcement and Investigation
26. Power to examine person acquainted with case
Official textFrom Laws of Malaysia Online, unchanged
A mines officer making an investigation under this Act may examine orally any person supposed to be acquainted with the facts and circumstances of the case and shall reduce into writing any statement made by the person so examined.
mines officer
“mines officer” means the Director General of Mines, any Director of Mines, Assistant Director of Mines, Senior Mining Assistant, Mining Assistant or any other officer duly authorized in writing by the Director General;
Such person shall be bound to answer all questions relating to the case put to him by the mines officer:
Provided that such person may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture.
A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to questions.
The mines officer examining a person under subsection (1)
shall first inform the person of the provisions of subsections (2) and
.
A statement made by any person under this section shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumb-print, as the case may be, after it has been read to him in the language in which he made it and after he has been given an opportunity to make any corrections he may wish, and where the person examined refuses to sign or affix his thumb-print on the statement, the mines officer shall endorse thereon under his hand the fact of such refusal and the reason therefore, if any, stated by the person examined.
Terms defined in s 3
mines officer
Defined · s 3“mines officer” means the Director General of Mines, any Director of Mines, Assistant Director of Mines, Senior Mining Assistant, Mining Assistant or any other officer duly authorized in writing by the Director General;
Chapter 2
Evidence
Chapter 3
Offences and Penalties
Chapter 4
General
Part VI
Miscellaneous
Part VII