Malaysia legislation
Section 7
Section 7
New sections 10a and 10b
The principal Act is amended by inserting after section 10
the following sections:
“Code of conduct 10a. (1) The Minister may establish a code of conduct which shall be observed by the members of the Commission.
(2)
The code of conduct established under subsection (1)
shall be published in the Gazette.
(3)
If it comes to the knowledge of the Minister that there is an alleged breach of the code of conduct committed by any member of the Commission, the Minister shall refer the matter to the Prime Minister for the appointment of an investigation tribunal under section 10b.
Human Rights Commission of Malaysia (Amendment)
7
Investigation tribunal 10b. (1) The investigation tribunal shall consist of three members appointed by the Prime Minister.
(2)
The investigation tribunal shall have the power to conduct an investigation against the alleged breach of the code of conduct committed by the members of the Commission and shall make its findings and may make any recommendation based on its findings to the Prime Minister.
(3)
The members of the investigation tribunal appointed under subsection (1) may be paid such allowances as the
Prime Minister may determine.
(4)
The investigation tribunal shall conduct its investigation in accordance with the procedures as may be prescribed by the Minister in the regulations.
(5)
If an investigation is instituted in respect of an alleged breach of the code of conduct committed by a member of the
Commission under this section, the Yang di-Pertuan Agong may, on the recommendation of the Prime Minister, suspend the member of the Commission from carrying out his functions until the investigation tribunal makes its findings under subsection (8)
or until a decision is made by the Yang di-Pertuan Agong in respect of subparagraph 10(d)(ii), whichever is the later.
(6)
If a member of the Commission is suspended from carrying out his functions under subsection (5), he shall only be entitled to receive not less than half of his remuneration or allowances, as the case may be, during the period of his suspension.
(7)
For the purposes of investigation under this section, the investigation tribunal may—
(a)
gather any evidence relating to the allegation of breach of the code of conduct and examine any person that the investigation tribunal considers necessary;
(b)
require any person to attend any meeting of the investigation tribunal to give evidence or produce any document or other things in his possession; or
(c)
take any action as may be necessary to obtain further clarification on matters relating to the investigation.
(8)
Upon completion of the investigation—
(a)
if the investigation tribunal finds that there is a breach of the code of conduct by the member of the Commission, the investigation tribunal shall recommend to the Prime Minister that the member of the Commission be removed from being a member of the Commission; or
(b)
if the investigation tribunal finds that there is no breach of the code of conduct by the member of the
Commission, the investigation tribunal shall dismiss the matter and inform the Prime Minister accordingly.
(9)
In the case of suspension of a member of the Commission under subsection (5), if the investigation tribunal finds that there is no breach of the code of conduct by the member of the
Commission, the member of the Commission shall be entitled to receive any part of his remuneration or allowances, as the case may be, which has not been paid to him during the period of his suspension.”.
Amendment of section 11a