This Ordinance may be cited as the Commis- LirV:332/58 Issue of Commissions. hiehь oї bпkpaity Oиoboha h Cohhй, пeho
Act 119
Commis- LirV:332/58 Issue of Commissions
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An Ordinance to make provision for the holding of Commissions of Enquiry. L4th July, 1950.] IT IS HEREBY ENACTED by the High Commis- sioner of the Federation of Malaya and Their Highnesses the Rulers of the Malay States, with the advice and consent of the Legislative Council as follows: Short title. 1. This Ordinance may be cited as the Commis- LirV:332/58 Issue of Commissions. hiehь oї bпkpaity Oиoboha h Cohhй, пeho 4. (1) The/High where it appears to him to be expedient so to do, issue a Commission appointing one or more Commissioners and authorising such Commissioners to enquire into-- (a) the conduct of any Federal officer; (b) the conduct or management of any department of the public service of the Federation; (c) the conduct or management of any public dww.3sz/52. institution which is not solely maintained by State or Settlement funds; (d) any other matter, not involving any question Muslim Religion or Malay Nang di Partua Agong. opiniom Custom, in which an enquiry would, in the the/ High Commissioner in LiN•312/58' Council, be for the public welfare: Provided that where any Federal officer into whose conduct it is proposed to enquire, was, at the time of committing süch conduct, serving in a department of the public service of a State or Settlement, such commission shall only be issued with the concurrence of the Ruler in Councilef such State or of the High sommissioner in Nominated Counel, as the nay be. "% or the Governut nn Cormeil of auch stole d/wv0332/58 (2) The High Commissioner in Nominated Couneil may, where it appears to him to be expedient so to do, issue a Commission appointing one or more Commis- sioners and authorising such Commissioners to enquire into-- (a) the conduct of any Settlement officer; (b) the conduct or management of any department of the public service, af a Settlement; (c) the conduct or management of any public Institution which is solely maintained by Settlement fund's;
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(1) The/High where it appears to him to be expedient so to do, issue a Commission appointing one or more Commissioners and authorising such Commissioners to enquire into--
(a) the conduct of any Federal officer;
(b) the conduct or management of any department of the public service of the Federation;
(c) the conduct or management of any public dww.3sz/52. institution which is not solely maintained by State or Settlement funds;
(d) any other matter, not involving any question Muslim Religion or Malay Nang di Partua Agong. opiniom Custom, in which an enquiry would, in the the/ High Commissioner in LiN•312/58' Council, be for the public welfare: Provided that where any Federal officer into whose conduct it is proposed to enquire, was, at the time of committing süch conduct, serving in a department of the public service of a State or Settlement, such commission shall only be issued with the concurrence of the Ruler in Councilef such State or of the High sommissioner in Nominated Counel, as the nay be. "% or the Governut nn Cormeil of auch stole d/wv0332/58
(2) The High Commissioner in Nominated Couneil may, where it appears to him to be expedient so to do, issue a Commission appointing one or more Commissioners and authorising such Commissioners to enquire into--
(a) the conduct of any Settlement officer;
(b) the conduct or management of any department of the public service, af a Settlement;
(c) the conduct or management of any public Institution which is solely maintained by Settlement fund's;
No. 27 OF 1950.
(b) "State officer" means any officer appointed by State Government whose conditions o: mployment do not render him lable fo service outside that State;
(c) "Settlement officer" means any officer disn 332/58 appointed by a Settlement Covernment whose conditions of employment do not render him liable for service outside that -Settlement. 3. (1) A Commission issued under section 2 of this Commission. Ordinance shall specify the subject of the enquiry and may, in the discretion of the High Commissioner Kyaryhgng in Casneil or in Nemihtted Couneie or Ruler in kK or Gavemar w Counco Councilyas the case may be- L.N. 332|50
(a) if there is more than one Commissioner, ) which Commissioner shallh
(11) thie number of Commissioners which shu1l constitute a quorum;
(b) direct where and when the enquiry shall be held and theteport thereof rendered;
(o) direcda nbetheatl on fe ie dr in ppart thereot
(d) geshallbe prescryed how such Commision shall be execuited.
(2) When the Commissiion specifies the number of Commissioners which shalll constitute a quorum, the nissioners, Albsance of the olicr comrstife aghlere auy nyon h. exercise all or any of theissued wi Commisioness by this Ouf each Sunduet se I di pted Co Power to 4. (1) The/High Gomis ei ConIent oruncil or in add substitute Nominated Counenl or Rt momissio, as the caselor Govemor Commissioners. may be, may, from time to time, aaúcb the persons en Coumcil named in any such Commission, and in case any person appointed or adsled under this Ordinance (Yaugd. Paitun dies or resigns or desires to be discharged or refuses or becomes incapable of Agony aeting, the Hligh Commissioner in-Couneh-or in Nominated Couneil or Ruler ior Govemur ~ Corneil in Councily as the case may be, may appoint a new Commissioner in his place and all the powers and duties by thıs Ordinance c0nferred and imposed on a Commissioner shall be exerviced and performed by the Commissioner so added or appointed. unde it shm have appon 5.T Nomia case me under time fo the tin Yang di-Pert Portuan Agor romoval fl by the Goval S.7- may be 8. . The powers
(a) 19
(b) (ơ) 10 A or Covepmer miGo L-1033/38
COMMISSIONS,OF ENQUIRY.
(2) When a new Commissioner has been appointed under the provisions of sub-section (1) of this section it shall not be necessary for any evidence whıch ma have been taken before the Commission prior to such appointment to de etak yong ni fafer di Conemeil s hovema lore
The High Commissioner in Counci or in Enlargemen Nominated Council or Ruler inCouncil, as the cade may be, may, from time to time, by endorsement 2 v:334/S8 hand on a Commission, enlarge time for the execution of the Commission, whether the time for the execution thereof has expired or not. Yang di_Pertuan Agong, If insued by the Yang di- Portuan igong, the death, abronco, rotirement or removal fal of a Governor of any Stato, if ingued :of jom- Ler 13258 by the Governor in Counoil of that Stato or. if. S.7- Appoumtiment deerelang L 32 56 nt tonшшanea buuneh or toter in vounetr, as tne case dlayemer u may be.
The Commissioners 2033%/58 shall have the following Powers of powers-- Commissioners.
(a) 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;
(b) 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 be required of witness if he were giving evidence in the High Court) or by statutory declaration;
(c) to summon any person in the F'ederation, or, in the case of a Commission issued by the i ot Goлemhr u Cye Staes to auralln ay state, itne 'any meeting of the 1.13358*
No. 27 OF 199 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;
(d) to issue a warrant of arrest to compel the attendance of any person who, after having been summoned to attend, tails 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 dollars;
(e) to fine in a sum not exceeding fifty dollars 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 refusal to the satisfaction of the Commissioners;
(J) notwithstanding the provisions of any written evidence, innetoer wdenen to ram, anh evidence, might be inadmissible in civil or criminal proceedings;
(9) subject to any direction contained in the Commission-
(i) to admit or exclude the public from the enquiry or any part thereof;
(ii) to admit or exclude the press from the enquiry or any part thereof; of this Ordinance, such sums as in the opinion of the Commissioners may have been reasonably incurred by him by reason of such attendance. Interpreters. . T Commissioners shall have the power to appoint any person, whether in the service of Government or not, to act as interpreter in any matter brought before them and to translate any books, papers or writings produced to them.
COMMISSIONS OF ENQUIRY.
(2) 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 madeby the Commissioners and will truly translate or explain and transcribe all documents entrusted to me for such purpose to the best of myabılty, 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"
Any sums awarded by the Commissioners under paragraph (h) of section 8 of this Ordinance shall be paid out of the publie funds of the Federation or, where the Commission has been issued by the Ruler that Suncilfof any, State, ort of the public funds of for Gowerer
No evidence taken under this Ordinance shal w:33e/s8 be admissible in any civil or criminal proceedings in civil and whatsoever against the person who gave such evidence, criminal except when such person is charged with giving or proceedings. fabricating false evidence.
(1) Any person who hinders or attempts to Penalty for hinder any person from giving evidence before the Commissioners or by threats, deters or attempts to witnesses. leter any person trom glving such evidence, shall be rullty of an offence and shall be liable to imprisonment for a term not exceeding two years.
(2) Any person who threatens, insults or injures any person for having given evidence, or on account given before the Commissioners, shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding two years.
Any person who commits an act of contempt as Penalty for defined in section 14 of this Ordinance against the contempt. Commissioners or any ,of them shall be guilty of an offence and shall be liable to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding three months.
No. 2,7 dr 1950. Definition of contempt.
The following shall be deemed to be an act of Orlmnce contempt within the meaning of section 13 of this
(a) any act of disrespect or any insult or threat offered to the Commissioners or any of them while sitting in Commission;
(b) 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 contempt.
(1) Where an act of contempt is committed in the presence of the Commissioners sitting in Commission, the Commissioners may, atter hearing the offender in his defence, pass sentence upon him forthwith in accordance with section 13 of this Ordinance.
(2) In any other case the Commissioners may summon the offender to appear before them at a time and place to be specilied 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 13 of this Ordinance. 3) If any person who has been summoned in accordance with the provisions of sub-section (2) ot this section 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.
(1) The Commissioners may require the Public Prosecutor to cause any matter relevant to the enquiry to be investigated.
(2) Any person appointed by the Public Prosecut to investigate any such matter shall, for the purpose of such investigations, have, within the Malay States, au the powers in relation to police investigations:32/58 given to police oflicers in amy seizable case under the of Chapter stele omulewithin the Settlements, all such Procedure Code of the Federated Malay States, anc at Puen the provisions of Chapter XIIi of the eriminer Procedure Code of the Straits Settlements, and may, when authorised in writing by the Public Prosecutor, search any premises and take possession of any articles or documents as specified in such authority. the st-tas of Jotlore, Kedcn kelenton, Negeri Semblln, fahog, Pevot, Yevlis, selongor and Toranggenn L.4 •332/58
The High Commissioner, the Ruler of a state, Preservation or the Resident Commissioner of a settiement, as the the police. order by case may be, may direct the Commissioner of Police LAl332/58 to detail police officers to attend upon any sueh Commissioners, to preserve order during the proceedings and to serve summonses on witnesses and to perform such ministerial duties as such Commissioners shall direct.
Any person whose conduct is the subject of Right to enquiry under this Ordinance, or who is in any way representaimplicated or concerned in the matter under enquiry, connel. shall be entitled to be represented by an advocate and solicitor at the whole of the enquiry; and any other person who may consider it desirable that he should be so represented may, by leave of the Commissioner or Commissioners, be represented in the manner afor said. The Attorney-General, Solicitor-General or any Federal Counsel shall be entitled at any time to appear before and address the Commissioners on any matter which to the Attorney-General appears to be relevant to the enquiry.
Every: Commissioner appointed under this Commis- Ordinance shall, so long as he is acting as such sioners to be Commissioner, be deemed to be a public servant withpublic servants ın the meaning of the Penal Code, and every enquiry and under this Ordinance shall be deemed to be a judicial enquiries to be proceeding within the meaning of such Code. judicial proceedings under the Penal Code.
For the purposes of recovering any costs awarded or enforcing the payment of any fine ordered or imposed or giving effect to any warrant of arrest or of Pirst powers order of imprisonment, the Commissioners or any of them shall have the powers of a Magistrate of the First Class.
(1) No Commissioner shall'be liable to any suit Pratection of or other proceeding tor any act or thing done by him sioners and as such Commissioner. witnesses.
(2) All evidence given for the purposes of any enquiry under this Ordinance shall be absolutely privileged so that the witmess giving such evidence shall not be liable to any suit or other civil proceeding in respect of such evidence.
Procedure and fornis. Repeal No. 24 OF 1950.
Subject to the provisions of this Ordinance the procedure to be followed by the Commissioners and the .summons, warrant or other document made or orde issued for the purposes of this Ordinance shall be in the discretion of the Commissioners.
The Ordinances and Enactments specified in the Schedule hereto are herehy repealed. SCHEDULE. (Section 23.) REPEAL. No. M.U. Ord. No. 24 ol 1947 Title. •. The Commissions of Enquiry Ordinance, 1917 S.S. Ord. No. 5 of 1941 ... The Inquiry Commissions Ordinance, 1941 P.M.S. Enactment No. 10 of 1940 The Commissions of Enquiry Enactment, 1940 Johore Enactment No. 105 The Commissions of Inquiry Enactment
Cite this legislation
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- Act 119
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- Official text, free to reproduce (Copyright Act 1987 [Act 332] s 3) ↗
Commis- LirV:332/58 Issue of Commissions [Act 119] (Laws of Malaysia, lom.agc.gov.my). Retrieved via LawPlayer, https://lawplayer.com/my/act/act-119
This text is synced from lom.agc.gov.my. In case of any discrepancy, the official version prevails.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).