Appointment of committee
Open ↗9.—(1) Any Minister may, whenever the Minister considers it expedient to do so, in writing appoint a committee of inquiry and direct the committee to inquire into —(a)
any accident or occurrence resulting in or involving death, serious personal injury or serious property damage;
(b)
any occurrence that may endanger public safety or public health;
(c)
the conduct or management of a ministry, department or statutory body falling under the responsibility of that Minister; or
(d)
the conduct of any officer employed by or seconded to any such ministry, department or statutory body.
(2) The Minister must issue to the committee terms of reference which must specify the subject of the inquiry and may —(a)
specify any particular matters as to which the committee is to determine the facts;
(b)
direct whether the committee is to make recommendations;
(c)
direct where and when the inquiry is to be held and the report of the inquiry submitted;
(d)
prescribe how the inquiry is to be conducted, including whether the Attorney‑General is appointed to lead evidence in the inquiry; and
(e)
direct whether the inquiry or any part of the inquiry is or is not to be held in public.
(3) The Minister may modify the terms of reference issued under subsection (2) on the recommendation of the committee.
(4) The Minister may extend the time for the inquiry to be completed and for the submission of the report of the inquiry by the committee.
Composition of committee
Open ↗10.—(1) A committee of inquiry must consist of one or more persons (at least one of whom must be a person who is qualified to be a District Judge).
(2) Where a committee consists of more than one person, the Minister must appoint one of the members to be the chairperson.
(3) Where a committee consists of one member only, the member is vested with the powers of the chairperson.
(4) The Minister may, from time to time, add to the members of any such committee.
(5) The Minister may appoint a person to replace any member —(a)
who has died or resigned; or
(b)
whom the Minister is satisfied —(i)
is incapacitated by reason of physical or mental disability; or
(ii)
is unwilling, unable or unfit to discharge the functions of a member.
(6) When a new member has been appointed under subsection (4) or (5), it is not necessary for any evidence which may have been taken before the committee prior to such appointment to be retaken.
(7) A member may resign from his or her office at any time by written notice to the Minister.
(8) Every member appointed under this Part is, so long as he or she is acting as such member, deemed to be a public servant within the meaning of the Penal Code 1871, and every inquiry under this Part is deemed to be a judicial proceeding within the meaning of the Penal Code 1871.
Change of Minister
Open ↗11. No appointment made under this Part lapses by reason of, or is otherwise affected by, the death, absence, resignation, retirement or removal of the Minister who made the appointment.
Appointment of secretary
Open ↗12. The Minister may appoint a secretary —(a)
to attend the sittings of the committee;
(b)
to record their proceedings;
(c)
to keep their papers;
(d)
to summon and record the evidence of witnesses; and
(e)
generally to perform such duties connected with the inquiry as the committee may instruct, subject to the directions (if any) of the Minister.
Appointment of assessors
Open ↗13.—(1) One or more persons may be appointed as assessors to assist the committee.
(2) The power to appoint assessors is exercisable —(a)
before the appointment of the chairperson, by the Minister; or
(b)
by the chairperson (whether or not the Minister has appointed assessors).
(3) The chairperson may at any time terminate the appointment of an assessor, but only with the consent of the Minister in the case of an assessor appointed by the Minister.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
