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LAWS OF MALAYSIA
REPRINT
Act 119
COMMISSIONS OF ENQUIRY
ACT 1950
Incorporating all amendments up to 1 January 2006
PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH
PERCETAKAN NASIONAL MALAYSIA BHD
2006
2
First enacted ... ... ... ... ... ... ... 1950 (Ordinance
No. 27 of 1950)
Revised ... ... ... ... ... ... ... ... 1973 (Act 119 w.e.f.
17 September 1973)
PREVIOUS REPRINTS
Act 119
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Issue of Commissions
3. Terms of Commission
4. Power to add or substitute Commissioners
5. Enlargement of time
6. Change of Yang di-Pertuan Agong, Yang di-Pertua Negeri or Ruler
7. Appointment of Secretary
8. Powers of Commissioners
9. Interpreters
10. Allowances
11. Use of evidence in civil and criminal proceedings
12. Penalty for threats, etc., to witnesses
13. Penalty for contempt
14. Definition of contempt
15. Manner of dealing with contempt
16. Public Prosecutor to aid Commissioners
17. Preservation of order by the police
18. Right to representation by counsel
19. Commissioners to be public servants and enquiries to be judicial
proceedings under the Penal Code
20. Commissioners to have powers of First Class Magistrates
21. Protection of Commissioners and witnesses
22. Procedure and forms
4 Laws of Malaysia ACT 119
Commissions of Enquiry 5
LAWS OF MALAYSIA
Act 119
Short title
1. This Act may be cited as the Commissions of Enquiry Act
1950.
Issue of Commissions
2. (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:
(3) The State Authority of any State other than Sabah or Sarawak
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 State officer;
(b) the conduct or management of any department of the
public service of that State;
(c) the conduct or management of any public institution which
is solely maintained by State funds; or
(d) any other matter in which an enquiry would, in the opinion
of the State Authority, be for the public welfare of the
State and which does not directly concern the public
welfare of any other State:
Enlargement of time
Appointment of Secretary
Powers of Commissioners
(h) to award any person who has attended any meeting of the
Commissioners, including any interpreter appointed under
section 9, such sums as in the opinion of the Commissioners
may have been reasonably incurred by him by reason of
such attendance.
Interpreters
(2) Any interpreter appointed under this section shall make and
subscribe before the Commissioners the following affirmation:
Allowances
12. (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.
Commissions of Enquiry 11
Penalty for contempt
Definition of contempt
(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.
(b) (Omitted).
(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.
LAWS OF MALAYSIA
Act 119
LIST OF AMENDMENTS
Act 119
DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA