Inquiry Commissions Enactment 1981

The Yang di-Pertua Negeri may add to the persons named in any such

Commission, and in case any person appointed or added under this Enactment shall die or resign or desire to be discharged or refuse or become incapable to act, the Yang di-Pertua

Negeri may appoint a new Commissioner in his place, and all the powers and duties by this

Enactment conferred and imposed on a Commissioner shall be exercised and performed by the Commissioner so added or appointed.

When a new Commissioner has been appointed under the provisions of subsection (1) it shall not be necessary for any evidence which may have been taken before the Commission prior to such 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 the State of Sabah 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 five hundred ringgit;

to fine in a sum not exceeding one thousand five hundred ringgit any person who being required by the Commissioners to give evidence on oath or affirmation or to produce a document or other thing, refuses to do so and does

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not excuse such refusal to the satisfaction of the Commissioners;

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 inquiry or any part thereof;

to award any person who has attended any meeting of the Commissioners, including any interpreter appointed under section 10 such sums as in the opinion of the Commissioners may have been reasonably incurred by him by reason of such attendance.

Power to surcharge.

has failed to collect any moneys owing to the Government Agency for the collection of which he is or was responsible;

is or was responsible for any improper payment of moneys of the Government

Agency or for any payment of moneys which is not duly vouched;

is or was responsible for any deficiency in, or the destruction of, any moneys, stamps, securities, stores, or other property of the Government Agency;

being or having been an accounting officer, fails or has failed to keep proper accounts or records;

has failed to make any payment, or is or was responsible for any delay in the payment of Government Agency to any person to whom such payment is due under any law or under any contract, agreement or arrangement entered into between that person and the Government Agency, and if a satisfactory explanation is not, within a period specified by the Commissioners furnished to

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the Commissioners with regard to the failure to Collect, improper payment, payment not duly vouched, deficiency or destruction, or failure to keep proper accounts or record, or failure to make payment, or delay in making payment, the

Commissioners may surcharge against the said person a sum not exceeding the amount of any such amount not collected, such payment, deficiency, or loss or the value of the property destroyed, as the case may be; and with regard to the failure to keep proper accounts or records, or the failure to make payment, or the delay in making payment, the Commissioners may surcharge against the said person such sum as the Commissioners may think fit.

Interpreters.

The Commissioners shall have the powers to appoint any person, whether in the service of the Government or not, to act as interpreter in any matter brought before them and to translate any books, papers or writings produced to them.

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 such purpose to the best of my ability, and that I will not, except as authorised 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 hinders or attempts to hinder any person from giving evidence before the Commissioners or by threats, deters or attempts to deter any person from giving such evidence, shall be guilty of an offence and shall be liable on conviction to imprisonment for one year.

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 on conviction to imprisonment for one year.

Penalty for contempt.

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

any act of disrespect of 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.

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Manner of dealing with contempt.

Where an act of contempt is committed in the presence of the Commissioners sitting in Commission, the Commissioners may after hearing the offender in his defence pass sentence upon him forthwith in accordance with section 14.

In any other case the Commissioners may summon the offender to appear before them at a time and place to be specified in such 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 the provisions of section 14.

If any person who has been summoned in accordance with the provisions of 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.

No Commissioner shall be liable to any suit or other proceeding for any act or thing done by him as such Commissioner.

All evidence given for the purposes of any inquiry under this Enactment 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.