Malaysia legislation
Section 5
Section 5
The Minister may direct an inquiry to be made by such person as he may appoint into the cause of any accident of which notice is required by this Act to be given to the Minister, and where it appears to the Minister either before or after the commencement of any such inquiry, that a more formal investigation of the accident and of the causes and circumstances thereof, is expedient, he may by order direct a formal investigation to be held, and with respect to inquiries and investigations made or held under this Act the following provisions shall have effect:
(a)
the Minister may, by the same or any subsequent order, appoint any person possessing legal or special knowledge to assist in holding a formal investigation, or may direct such Magistrate or other person as may be named in the order to hold such an investigation with the assistance of any assessor or assessors named in the order;
(b)
the persons holding any formal investigation (in this section referred to as the court) shall hold it in open court in such manner and under such conditions as they think most effectual for ascertaining the causes and circumstances of the accident, and for enabling them to make the report in this section mentioned;
(c)
the court shall have for the purpose of the investigation all the powers of a Magistrate’s Court when acting as a court in hearing information for offences against this
Act, and in addition the following powers, namely—
(i)
they may enter and inspect any place or building the entry or inspection whereof appears to them requisite for the said purpose;
(ii)
they may by summons under their hands require the attendance of all such persons as they think fit to call before them and examine for the said purpose, and may for the said purpose require to be furnished to them answers or returns to such inquiries as they think fit to make;
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(iii)
they may require the production of all books, papers and documents which they consider important for the said purpose;
(iv)
they may administer an oath, and require any person examined to make and sign a declaration of the truth of the statements made by him in his examination;
(d)
persons attending as witnesses before the court shall be allowed such expenses as would be allowed to witnesses attending before the High Court, and in case of dispute as to the amount to be allowed, the dispute shall be referred by the court to the Registrar who, on request under the hands of the members of the court, shall ascertain and certify the proper amount of the expenses;
(e)
if any person without reasonable excuse (proof whereof shall lie on him) fails, after having had the expenses, if any, to which he is entitled tendered to him, to comply with any summons or requisition of the court holding an investigation under this Act, or prevents or impedes the court in the execution of their duty, he shall, on conviction, be liable to a fine of one hundred ringgit, or, in the case of a failure to comply with a requisition for furnishing any return or producing any document, to a fine of one hundred ringgit, for every day on which the failure occurs or continues;
(f)
the person appointed to make an inquiry into any accident and the court holding an investigation of any accident under this section shall make a report to the Minister stating the causes of the accident and all the circumstances attending it, and containing any observations thereon or on the evidence or on any matters arising out of the inquiry or investigation which he or they think right to include in the report, and the Minister shall cause every report so made to him to be made public in such manner as he thinks expedient.
Inquiry or inquest on deaths from accidents