Committee of inquiry
27.—(1) Where it is expedient that the Minister, or such other person as the Minister may appoint to exercise the powers conferred upon the Minister by sections 28, 35 and 37, should be informed on any matter connected with the discipline, administration or functions of any approved centre or affecting any inmate, the Minister or the person appointed by the Minister may convene a committee of inquiry.
(2) A committee of inquiry must inquire into and report on the facts relating to any matter referred to it and, if directed by the Minister to do so, express its opinion on any question arising out of any such matter.
(3) In this section and in sections 28, 35 and 37, “Minister” includes the person appointed by the Minister under subsection (1) to act on his or her behalf for the purposes of this section and sections 28, 35 and 37.
Composition of committee of inquiry
28.—(1) A committee of inquiry consists of one or more persons who are to be appointed by the Minister.
(2) Where a committee of inquiry consists of more than one person, the Minister must appoint one of the members to be the chairperson.
(3) Where a committee of inquiry consists of one member only, he or she is vested with the powers of a chairperson.
(4) Every member of a committee of inquiry appointed under this section is deemed to be a public servant within the meaning of the Penal Code 1871.
Powers of committee of inquiry
29. A committee of inquiry may —(a)
summon any person to give evidence on oath or on affirmation or to produce any document or material necessary for the purpose of the inquiry; and
(b)
visit any place in order to inquire into any matter which may arise in the course of the inquiry.
Disobedience to summons
30.—(1) A person who is summoned to give evidence before a committee of inquiry must not, without lawful excuse, fail to appear in obedience to the summons.
(2) A person who is required by a committee of inquiry to produce any document or material for the purpose of the inquiry must not, without lawful excuse, fail to produce the document or material.
(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.
Refusal to give evidence
31.—(1) A person who appears before a committee of inquiry must not, without lawful excuse, refuse to be sworn or to make an affirmation, or to produce any document or material, or to answer any question, which he or she is lawfully required to produce or answer.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.
Giving of false evidence
32. Every person who wilfully gives false evidence when examined on oath or on affirmation before a committee of inquiry shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 7 years or to both.
Evidence and procedure
33. Except as otherwise provided in this Act, a committee of inquiry is not bound by the rules of evidence and may act in such manner as the committee of inquiry thinks most expedient.
Admissibility of evidence
34. No statement made in the course of any inquiry and no report of a committee of inquiry is admissible as evidence in proceedings other than proceedings, whether criminal or disciplinary, for an offence of giving or fabricating false evidence under any written law.
Proceedings not open to public
35.—(1) A committee of inquiry must not sit in public.
(2) No person is allowed to attend the proceedings of a committee of inquiry, or address the committee of inquiry, except with the chairperson’s permission or if the Minister so directs.
Persons who may be affected by findings
36.—(1) Where it appears to a committee of inquiry that any witness or person involved in the supervision or administration of an approved centre may be adversely affected by its findings, the committee must notify him or her and give him or her an opportunity to be present at the proceedings of the committee of inquiry or at such part thereof as the chairperson may specify.
(2) The person notified under subsection (1) must be allowed to give evidence and examine any witness.
Record of proceedings
37.—(1) The chairperson must record or cause to be recorded in writing the proceedings of the committee of inquiry.
(2) The evidence of each witness before a committee of inquiry must be read over to him or her and must be signed by him or her.
(3) A record of the proceedings of a committee of inquiry must be signed by the chairperson and the members of the committee (if any) and forwarded to the Minister.
(4) The record of proceedings of a committee of inquiry or any part thereof or any information relating thereto must be kept confidential and must not be released to any person, other than a member of the committee, without the Minister’s written permission.
Offence to influence or attempt to influence committee of inquiry
38. Every person who, otherwise than in the course of duty, directly or indirectly by himself or herself or by any other person in any manner whatsoever influences or attempts to influence any decision of a committee of inquiry or any member of a committee of inquiry shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
