COMMISSIONS OF ENQUIRY ACT 1950

the conduct of any federal officer;

the conduct or management of any department of the public service of Malaysia;

the conduct or management of any public institution which is not solely maintained by State funds; or

any other matter in which an enquiry would, in the opinion of the Yang di-Pertuan Agong, be for the public welfare, not being—

a matter involving any question relating to the Islamic religion or the Malay custom; or

(Repealed by L.N.332/58).

The State Authority of any State other than Sabah or Sarawak may, where it appears to him to be expedient so to do, issue a Commission appointing one or more Commissioners and authorizing the Commissioners to enquire into—

In this section, unless the context otherwise requires—

if there is more than one Commissioner, direct—

which Commissioner shall be Chairman; and

direct where and when the enquiry shall be held and the report thereof rendered;

direct whether the enquiry or any part thereof shall or shall not be held in public; and

generally prescribe how the Commission shall be executed.

When the Commission specifies the number of Commissioners which shall constitute a quorum, the number of Commissioners so specified may, in the absence of the other Commissioner or Commissioners, exercise all or any of the powers conferred upon the Commissioners by this Act.

Power to add or substitute Commissioners

When a new Commissioner has been appointed under subsection (1) it shall not be necessary for any evidence which may have been taken before the Commission prior to that appointment to be retaken.

Enlargement of time

to procure and receive all such evidence, written or oral, and to examine all such persons as witnesses as the Commissioners may think it necessary or desirable to procure or examine;

to require the evidence (whether 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;

to summon any person in Malaysia, or, in the case of a Commission issued by a State Authority, in such State, to attend any meeting of the Commissioners 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;

to issue a warrant of arrest to compel the attendance of any person who, after having been summoned to attend, fails to do so, and does not excuse such failure to the satisfaction of the Commissioners, and to order him to pay all costs which may have been occasioned in compelling his attendance or by reason of his refusal to obey the summons, and also to fine such person a sum not exceeding fifty ringgit;

to fine in a sum not exceeding fifty ringgit any person who, being required by the Commissioners to give evidence on affirmation or to produce a document or other thing, refuses to do so and does not excuse such refusal to the satisfaction of the Commissioners;

notwithstanding any written law relating to evidence, to admit any evidence, whether written or oral, which might be inadmissible in civil or criminal proceedings;

subject to any direction contained in the Commission—

to admit or exclude the public from the enquiry or any part thereof; and

to award any person who has attended any meeting of the Commissioners, including any interpreter appointed under section 9, such sums as in the opinion of the Commissioners may have been reasonably incurred by him by reason of such attendance.

Interpreters

Any interpreter appointed under this section shall make and subscribe before the Commissioners the following affirmation:

"I. do solemnly declare and affirm that I will faithfully perform the duties of interpreter and will truly interpret the questions put and the answers given by witnesses and also statements made by the Commissioners and will truly translate or explain and transcribe all documents entrusted to me for the purpose to the best of my ability, and that I will not except as authorized by the Commissioners directly or indirectly reveal the contents of such documents as may be entrusted to me, nor the evidence given by witnesses which may have been interpreted by me".

Allowances

Any person who threatens, insults or injures any person for having given evidence, or on account of the evidence which he has given before the Commissioners, shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding two years.

Penalty for contempt

any act of disrespect or any insult or threat offered to the Commissioners or any of them while sitting in Commission; and

any act of disrespect or any insult or threat offered to a Commissioner at any other time and place on account of his proceedings in his capacity as a Commissioner.

Manner of dealing with contempt

In any other case the Commissioners may summon the offender to appear before them at a time and place to be specified in the summons, there to show cause why he should not be judged to have committed an act of contempt and be dealt with in accordance with section 13.

If any person who has been summoned in accordance with subsection (2) fails to attend at the time and place specified in the summons, the Commissioners may issue a warrant to compel the attendance of such person.

Public Prosecutor to aid Commissioners

All evidence given for the purposes of any enquiry under this Act shall be absolutely privileged so that the witness giving such evidence shall not be liable to any suit or other civil proceeding in respect of such evidence.

Procedure and forms