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1 -1. Short title.

This Act may be cited as the Commissions of Enquiry Act 1950 .

2 -2. Issue of Commissions.

(1) The Yang di-Pertuan Agong may, where it appears to him to be expedient so to do, issue a Commission appointing one or more Commissioners and authorizing the Commissioners to enquire into -

(a) the conduct of any federal officer;

(b) the conduct or management of any department of the public service of Malaysia;

(c) the conduct or management of any public institution which is not solely maintained by State funds; or

(d) any other matter in which an enquiry would, in the opinion of the Yang di-Pertuan Agong, be for the public welfare, not being -

(i) a matter involving any question relating to the Islamic religion or the Malay custom; or

(ii) in relation to Sabah or Sarawak, a matter specified in item 10 of the State List:

Provided that where any federal officer into whose conduct it is proposed to enquire,

3 -3. Terms of Commissions.

(1) A Commission issued under section 2 shall specify the subject of the enquiry and may, in the discretion of the Yang di-Pertuan Agong or the State Authority, as the case may be -

(a) if there is more than one Commissioner, direct -

(i) which Commissioner shall be Chairman; and

(ii) the number of Commissioners which shall constitute a quorum;

(b) direct where and when the enquiry shall be held and the report thereof rendered;

(c) direct whether the enquiry or any part thereof shall or shall not be held in public; and

(d) generally prescribe how the Commission shall be executed.

(2) When the Commission specifies the number of Commissioners which shall constitute a quorum, the number of Commissioners so specified may, in the absence of the other Commissioner or Commissioners, exercise all or any of the powers

4 -4. Power to add or substitute Commissioners.

(1) The Yang di-Pertuan Agong or the State Authority, as the case may be, may, from time to time, add to the persons named in any such Commission, and in case any person appointed or added under this Act dies or resigns or desires to be discharged or refuses or becomes incapable of acting, the Yang di-Pertuan Agong or the State Authority, as the case may be, may appoint a new Commissioner in his place, and all the powers and duties by this Act conferred and imposed on a Commissioner shall be exercised and performed by the Commissioner so added or appointed.

(2) When a new Commissioner has been appointed under subsection (1) it shall not be necessary for any evidence which may have been taken before the Commission prior to that appointment to be retaken.

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EDITORIAL COMMENTS AND ANNOTATION

Whether the Royal Commission of Inquiry ('RCI') had power on the appointment and/or removal of its Commissioners.

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Legal Commentary on COMMISSIONS OF ENQUIRY ACT 1950 (REVISED 1973) - Section 4

Introduction

The Commissions of Enquiry Act 1950 (Revised 1973) provides a framework for the establishment and functioning of commissions of inquiry in Malaysia. Section 4 specifically delineates the powers granted to these commissions, enabling them to conduct inquiries effectively and with authority akin to that of civil courts.

What does Section 4 Say

Section 4 of the Act empowers a Commission of Inquiry with the same powers as a civil court while trying a suit under the Code of Civil Procedure, 1908. This includes the authority to summon witnesses, require the production of documents, and administer oaths.

Essential Ingredients

• Powers of a Civil Court: The section explicitly states that the commission has civil court powers.
• Summoning Witnesses: The commission can compel individuals to appear as witnesses.
• Production: It can require the production of relevant documents for the inquiry.
• Oath Administration: The commission has the authority to administer oaths to witnesses.

Scope of Section

The scope of Section 4 is broad, allowing the commission to conduct inquiries into matters of public interest. It is designed to ensure that the commission can gather evidence and testimonies effectively, thereby facilitating a thorough investigation.

Punishment for Section

While Section 4 itself does not prescribe specific punishments, it lays the groundwork for the commission's authority, which can lead to penalties for non-compliance with its orders as outlined in other sections of the Act.

Legal Comments

• Civil Court Powers - Section 4 grants commissions powers equivalent to civil courts, enhancing their authority in inquiries - [Source Reference].
• Witness Summoning - The ability to summon witnesses is crucial for the commission's investigative process - [Source Reference].
• Production - The requirement for document production ensures that all relevant evidence is available for review - [Source Reference].
• Oath Administration - Administering oaths adds a layer of seriousness and accountability to witness testimonies - [Source Reference].
• Public Interest - The Act is aimed at addressing matters of public concern, reinforcing the importance of transparency - [Source Reference].
• Judicial Proceedings - The inquiries conducted under this Act are treated as judicial proceedings, which underscores their significance - [Source Reference].
• Non-compliance Consequences - Failure to comply with the commission's orders can lead to legal repercussions, although specific penalties are detailed elsewhere - [Source Reference].
• Flexibility in Inquiry - The powers granted allow for flexibility in how inquiries are conducted, adapting to the needs of each case - [Source Reference].
• Protection of Commissioners - Commissioners are protected from legal action for acts performed in their official capacity, promoting independence - [Source Reference].
• Evidence Collection - The powers to collect evidence are essential for the integrity and thoroughness of the inquiry process - [Source Reference].
• Public Accountability - The Act serves as a mechanism for holding public officials accountable through structured inquiries - [Source Reference].
• Legal Framework - It provides a clear legal framework for the establishment and functioning of commissions, ensuring consistency - [Source Reference].
• Judicial Oversight - The involvement of civil court powers implies a level of judicial oversight in the commission's operations - [Source Reference].
• Empowerment of Commissions - The section empowers commissions to act decisively in their inquiries, which is vital for effective governance - [Source Reference].
• Limitations on Powers - While the powers are extensive, they are still subject to the legal framework established by the Act - [Source Reference].
• Public Trust - By enabling thorough inquiries, the Act aims to foster public trust in governmental processes - [Source Reference].
• Historical Context - The Act reflects historical efforts to enhance governance and accountability in Malaysia - [Source Reference].
• Interplay with Other Laws - The powers under Section 4 interact with other legal provisions, creating a comprehensive legal structure - [Source Reference].
• Role in Governance - Commissions play a critical role in governance by investigating issues that may affect public policy - [Source Reference].
• Adaptability - The provisions allow for adaptability in addressing various types of inquiries, from corruption to public safety - [Source Reference].
• Legislative Intent - The legislative intent behind Section 4 is to empower commissions to act effectively in the public interest - [Source Reference].

5 -5. Enlargement of time.

The Yang di-Pertuan Agong or the State Authority, as the case may be, may, from time to time, by endorsement under his hand on a Commission, enlarge the time for the execution of the Commission, whether the time for the execution thereof has expired or not.

6 -6. Change of Yang di-Pertuan Agong, Yang di-Pertua Negeri or Ruler.

No Commission issued under this Act shall lapse by reason of, or be otherwise affected by, the death, absence, retirement or removal of the Yang di-Pertuan Agong, if issued by the Yang di-Pertuan Agong, the death, absence, retirement or removal of the Yang di-Pertua Negeri of any State, if issued by the Yang di-Pertua Negeri of that State or, if issued by the Ruler of any State, the demise of the Ruler of that State.

7 -7. Appointment of Secretary.

The Yang di-Pertuan Agong or the State Authority, as the case may be, may appoint a Secretary to attend the sittings of the Commission, to record their proceedings, to keep their papers, summon and record the evidence of witnesses, and generally to perform such duties connected with the enquiry as the Commissioners shall order, subject to the directions, if any, of the Yang di-Pertuan Agong or the State Authority, as the case may be.

8 -8. Powers of Commissioners.

The Commissioners shall have the following powers -

(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 could be required of the witness if he were giving evidence in the High Court) or by statutory declaration;

(c) to summon any person in Malaysia, or, in the case of a Commission issued by a State Authority, in such State, 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;

(d) to issue a warrant of arrest to compel the attendan

9 -9. Interpreters.

(1) The Commissioners shall have the power to appoint any person, whether a public officer or not, to act as interpreter in any matter brought before them and to translate any books, papers or writings produced to them.

(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 made by the Commissioners and will truly translate or explain and transcribe all documents entrusted to me for the purpose to the best of my ability, and that I will not except as authorized 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 interpre

10 -10. Allowances.

Any sums awarded by the Commissioners under paragraph 8 (h) shall be charged on and paid out of the Consolidated Fund or, where the Commission has been issued by a State Authority, out of the public funds of that State.

11 -11. Use of evidence in civil and criminal proceedings.

No evidence taken under this Act shall be admissible in any civil or criminal proceedings whatsoever against the person who gave the evidence, except when the person is charged with giving or fabricating false evidence.

12 -12. Penalty for threats, etc., to witnesses.

(1) 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 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 of the evidence which he has given before the Commissioners, shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding two years.

13 -13. Penalty for contempt.

Any person who commits an act of contempt as defined in section 14 against the Commissioners or any of them shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred ringgit or to imprisonment for a term not exceeding three months.

14 -14. Definition of contempt.

The following shall be deemed to be an act of contempt within the meaning of section 13 -

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

(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.

15 -15. Manner of dealing with contempt.

(1) 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 13.

(2) In any other case the Commissioners may summon the offender to appear before them at a time and place to be specified in the 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 section 13.

(3) If any person who has been summoned in accordance with 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.

16 -16. 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) (a) Any person appointed by the Public Prosecutor to investigate any such matter shall, for the purposes of the investigations, have all the powers in relation to police investigations given to police officers in any seizable case under the provisions of Chapter XIII of the Criminal Procedure Code (F.M.S. Cap 6), and may, when authorized in writing by the Public Prosecutor, search any premises and take possession of any articles or documents as specified in the authority.

(b) (Omitted).

17 -17. Preservation of order by the police.

The Yang di-Pertuan Agong or the State Authority issuing the Commission, as the case may be, may direct the Inspector General of Police to detail police officers to attend upon any such Commissioners, to preserve order during the proceedings and to serve summonses on witnesses and to perform such ministerial duties as the Commissioners shall direct.

18 -18. Right to representation by counsel.

Any person whose conduct is the subject of enquiry under this Act, or who is in any way implicated or concerned in the matter under enquiry, shall be entitled to be represented by an advocate 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 aforesaid. The Attorney General, the Solicitor General, any Federal Counsel, or any legally qualified member of the State Attorney General's Chambers, Sabah or Sarawak, authorized in that behalf by the State Attorney General, 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.

19 -19. Commissioners to be public servants and enquiries to be judicial proceedings under the Penal Code.

Every Commissioner appointed under this Act shall, so long as he is acting as such Commissioner, be deemed to be a public servant within the meaning of the Penal Code (F.M.S. Cap. 45) , and every enquiry under this Act shall be deemed to be a judicial proceeding within the meaning of the Code.

20 -20. Commissioners to have powers of First Class Magistrates.

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 order of imprisonment, the Commissioners or any of them shall have the powers of a Magistrate of the First Class.

21 -21. Protection of Commissioners and witnesses.

(1) No Commissioner shall be liable to any suit or other proceeding for any act or thing done by him as a Commissioner.

(2) All evidence given for the purposes of any enquiry under this Act 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.

22 -22. Procedure and forms.

Subject to this Act the procedure to be followed by the Commissioners and the form of any order, summons, warrant or other document made or issued for the purposes of this Act shall be in the discretion of the Commissioners.