Malaysia legislation
Section 147
Section 147
Armed Forces 133
(2)
A board of inquiry shall consist of such number of persons, as may be provided for by Board of Inquiry Rules, who shall be persons subject to service law under this Act and the president of a board of
Armed Forces 135
inquiry shall be an officer not below the rank of army lieutenant or its equivalent.
(3)
Subject to the provisions this section, Board of Inquiry Rules may make provision with respect to the convening, constitution and procedure of boards of inquiry and, without prejudice to the generality of the foregoing subsection, may make provision for all or any of the following matters, that is to say:
(a)
the rules of evidence to be observed by boards of inquiry and the taking of evidence before such boards, including the administration of oaths and affirmations to witnesses;
(b)
without prejudice to the provisions of the next following section, the making in service books of records of findings by boards of inquiry in such cases as may be provided by the rules;
(c)
such incidental and supplementary matters as appear requisite for the purpose of the rules.
(4)
Board of Inquiry Rules shall contain provisions for securing that any witness or other person who may be affected by the findings of a board of inquiry shall have an opportunity of being present, and represented, at the sittings of the board or such part thereof as may be specified by or under the Board of Inquiry Rules.
(5)
Evidence given before a board of inquiry shall not be admissible against any person in proceedings before a court-martial, commanding officer or appropriate superior authority, other than for an offence against section 77, or for an offence against section 88
where the corresponding civil offence is giving or fabricating false evidence.
Inquiries into absence