Section 29
Inquiry into and investigation of accident, death and personal injury
The Minister may direct an inquiry to be made by such person or persons as he may appoint into the cause of an accident, death, or personal injury of which notice is required by section 28 to be given to him and, if it appears to him, either before or after the commencement of the inquiry, that a more formal investigation of the accident, death, or personal injury and of the causes and circumstances thereof is expedient, he may direct a formal investigation to be held.
(2)
The following provisions shall apply to inquiries and investigations made or held under this section:
(a)
the Minister may appoint any person or persons possessing legal or special knowledge to assist in holding a formal
Laws of Malaysia ACT 149
34
investigation, or direct a Magistrate or any other person or persons to hold such an investigation with the assistance of any named assessor or assessors;
(b)
the persons holding a formal investigation, who hereafter in this section are referred to as the tribunal, 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, death, or personal injury, and for enabling them to make the report required by paragraph
(f)
;
(c)
the tribunal shall, for the purpose of the investigation, have all the powers of a Magistrate when exercising jurisdiction in criminal cases and, in addition, the power—
(i)
to enter and inspect any place or building the entry or inspection whereof appears to them requisite;
(ii)
by summons under their hands, to require the attendance of all such persons as they think fit to call before them and examine, and to require to be furnished to them answers or returns to such inquiries as they think fit to make;
(iii)
to require the production of all books, papers, and documents that they consider important;
(iv)
to administer oaths and to 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 tribunal shall be allowed such expenses as would be allowed to witnesses attending before the High Court in criminal cases, and in case of dispute as to the amount to be allowed, the dispute shall be referred by the tribunal to any Registrar of the High
Court who shall ascertain and certify the proper amount of the expenses;
Pesticides
35
(e)
if a person, without reasonable cause, proof of which shall lie on him, fails, after having had the expenses, if any, to which he is entitled tendered to him, to comply with a summons or requisition of the tribunal issued or made under paragraph (c), or prevents or impedes the tribunal in the execution of their duty, he commits an offence and is liable to a fine of five hundred ringgit, or, in the case of a failure to comply with a requisition for the furnishing of answers or returns or the production of any book, paper, or document, to a further fine of one hundred ringgit for every day on which the failure occurs or continues;
(f)
the person or persons appointed to make an inquiry, and the tribunal holding an investigation, under this section shall make a report to the Minister stating the causes of the accident, death, or personal injury and all the circumstances attending it, and containing such observations thereon or on the evidence or any matter arising out of the inquiry or investigation as he or they think right to include in the report, and the Minister shall cause every such report to be published in such manner as he thinks expedient.
(3)
All persons appointed under this section to make an inquiry or to hold or assist in holding a formal investigation, including assessors, shall be deemed to be public servants within the meaning of the Penal
Code [Act 574].