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LAWS
OF MALAYSIA
Act
597
HUMAN RIGHTS COMMISSION OF MALAYSIA ACT 1999
Date of Royal Assent: 27 August 1999
Date of publication in the Gazette: 09 September 1999
Arrangement of Sections
Part
I
PRELIMINARY
Section
1. Short title and commencement
2. Interpretation
Part
II
ESTABLISHMENT
OF THE HUMAN RIGHTS COMMISSION OF MALAYSIA
| Section |
| 3.
|
Establishment
of the Commission |
| 4.
|
Functions
and powers of the Commission |
| 5.
|
Members
of the Commission and term of office |
| 6. |
Chairman and Vice-Chairman |
| 7. |
Meetings of the Commission |
| 8. |
Remuneration |
| 9. |
Vacation of office |
| 10. |
Disqualification |
| 11. |
Resignation |
Part
III
POWERS
OF INQUIRY OF THE COMMISSION
| Section |
| 12. |
Commission may inquire on own motion or on complaint |
| 13. |
Procedure where infringement is not disclosed or is
disclosed |
| 14. |
Powers relating to inquiries |
| 15. |
Evidence before the Commission |
Part
IV
STAFF OF THE COMMISSION
| Section |
| 16. |
Appointment of Secretary and the staff |
| 17. |
Delegations of powers |
| 18. |
Protection of members, officers and servants of the
Commission |
Part
V
GENERAL
Section
19. Funds
20. Application of Act 240
21. Annual report
22. Regulations
23. Power to make disciplinary regulations
An Act to provide for the establishment of the Human Rights
Commission of Malaysia; to set out the powers and functions
of such commission for the protection and promotion of human
rights in Malaysia; and to provide for matters connected therewith
or incidental thereto.
ENACTED
by the Parliament of Malaysia as follows:
Part I
PRELIMINARY
Short title and commencement
| 1. |
(1) |
This Act may be cited as the Human Rights Commission of
Malaysia Act 1999. |
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(2) |
This Act shall come into operation on a date to be appointed
by the Minister by notification published in the Gazette. |
Interpretation
| 2. |
In
this Act, unless the context otherwise requires- |
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"Government"
means the Government of Malaysia; |
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"human
rights" refers to fundamental liberties as enshrined
in Part II of the Federal Constitution; |
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"Minister"
means the Minister charged with the responsibility for
human rights. |
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Part
II
ESTABLISHMENT
OF THE HUMAN RIGHTS COMMISSION OF MALAYSIA
Establishment of the Commission
| 3. |
(1) |
There is hereby established a Commission which shall be
known as the Human Rights Commission of Malaysia (the
"Commission"). |
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(2) |
The Commission shall be a body corporate having perpetual
succession and a common seal, which may sue and be sued
in its name and, subject to and for the purpose of this
Act, may enter into contracts and may acquire, purchase,
take, hold and enjoy movable and immovable property of
every description and may convey, assign, surrender, yield
up, charge, mortgage, demise, reassign, transfer or otherwise
dispose of, or deal with, any movable or immovable property
or any interest therein vested in the Commission upon
such terms as it deems fit. |
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(3) |
The Commission shall have a common seal which shall bear
such device as the Commission shall approve and such seal
may be broken, changed, altered or made anew as the Commission
thinks fit. |
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(4) |
The common seal shall be kept in the custody of the Secretary
to the Commission or such other person as may be authorized
by the Commission and shall be authenticated by the Secretary
or such authorized person or by any officer authorized
by the Secretary or such authorized person in writing. |
|
(5) |
All deeds, documents and other instruments purporting
to be sealed with the common seal, authenticated as specified
in subsection (4) shall until the contrary is proved,
be deemed to have been validly executed. |
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(6) |
The common seal of the Commission shall be officially
and judicially noticed. |
Functions
and powers of the Commission
| 4. |
(1) |
In furtherance of the protection and promotion of human
rights in Malaysia, the functions of the Commission shall
be -
| (a) |
to promote awareness of the provide education in
relation to human rights; |
| (b) |
to advise and assist the Government in formulating
legislation and administrative directives and procedures
and recommend the necessary measures to be taken; |
| (c) |
to
recommend to the Government with regard to the subscription
or accession of treaties and other international
instruments in the field of human rights; and |
| (d) |
to inquire into complaints regarding infringements
of human rights referred to in section 12. |
|
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(2) |
For the purpose of discharging its functions, the Commission
may exercise any or all of the following powers:
| (a) |
to promote awareness of human rights and to undertaken
research by conducting programmes, seminars and
workshops and to disseminate and distribute the
results of such research; |
| (b) |
to advise the Government and/or the relevant authorities
of complaints against such authorities and recommend
to the Government and/or such authorities appropriate
measures to be taken; |
| (c) |
to study and verify any infringement of human rights
in accordance with the provisions of this Act; |
| (d) |
to visit places of detention in accordance with
procedures as prescribed by the lays relating to
the places of detention and to make necessary recommendations; |
| (e) |
to issue public statement on human rights as and
when necessary; and |
| (f) |
to undertake any other appropriate activities as
are necessary in accordance with the written laws
in force, if any, in relation to such activities.
|
|
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(3) |
The visit by the Commission to any place of detention
under paragraph (2)(d) shall not be refused by the person
in charge of such place of detention if the procedures
provided in the laws regulating such places of detention
are complied with. |
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(4) |
For the purpose of this Act, regard shall be had to the
Universal Declaration of Human Rights 1948 to the extent
that it is not inconsistent with the Federal Constitution. |
Members
of the Commission and term of office
| 5. |
(1) |
The Commission shall consist of not more than twenty members. |
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(2) |
Members of the Commission shall be appointed by the Yang
di-Pertuan Agong, on the recommendation of the Prime Minister. |
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(3) |
Members of the Commission shall be appointed from amongst
prominent personalities including those from various religious
and racial backgrounds. |
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(4) |
Every member shall hold office for a period of two years
and is eligible for reappointment. |
Chairman
and Vice-Chairman
| 6. |
(1) |
The Yang di-Pertuan Agong shall designate one of the members
appointed under section 5 to be the Chairman of the Commission. |
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(2) |
The Chairman's term of office shall be his period of membership
on the Commission. |
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(3) |
A Vice-Chairman shall be elected by the members of the
Commission from amongst themselves. |
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(4) |
Where the Chairman of the Commission is for any reason
unable to perform the function of the Chairman, or during
any period of vacancy in the office of the Chairman, the
Vice-Chairman shall perform the function of the Chairman. |
Meeting
of the Commission
| 7. |
(1) |
The Chairman of the Commission shall preside at all meetings
of the Commission. |
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(2) |
If the Chairman is absent from any meeting, the Vice-Chairman
of the Commission shall preside at such meeting. |
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(3) |
The quorum at all meeting shall be two thirds of the number
of the members of the Commission. |
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(4) |
The
members of the Commission shall use their best endeavours
to arrive at all decisions of the meeting by consensus
failing which the decision by a two-thirds majority of
the members present shall be required. |
|
(5) |
The Commission shall determine the conduct of its own
proceedings. |
Remuneration
| 8. |
(1) |
The Chairman of the Commission shall be paid such remuneration
and allowances as the Yang di-Pertuan Agong may determine. |
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(2) |
Every member of the Commission shall be paid allowances
at such rates as the Yang di-Pertuan Agong may determine. |
Vacation
of office
| 9. |
The
office of a member of the Commission shall become vacant
- |
| |
| (a) |
upon the death of the member; |
| (b) |
upon the member resigning from such office by the
letter addressed to the Yang di-Pertuan Agong; |
| (c) |
upon the expiration of his term of office; or |
| (d) |
upon the member being removed from office on any
of the grounds specified in section 10. |
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Disqualification
| 10. |
A
member of the Commission may be removed from office by
the Yang di-Pertuan Agong if - |
| |
| (a) |
the member is adjudged insolvent by a court of competent
jurisdiction; |
| (b) |
the Yang di-Pertuan Agong, after consulting a medical
officer or a registered medical practitioner, is
of the opinion that the member is physically or
mentally incapable of continuing his office; |
| (c) |
the member absents himself from three consecutive
meeting of the Commission without obtaining leave
of the Commission or, in the case of the Chairman,
without leave of the Minister; |
| (d) |
the Yang di-Pertuan Agong, on the recommendation
of the Prime Minister, is of the opinion that the
member-
| (i) |
has engaged in any paid office or employment
which conflicts with his duties as a member
of the Commission; |
| (ii) |
has misbehaved or has conducted himself in
such a manner as to bring disrepute to the
Commission; or |
| (iii) |
has acted in contravention of this Act and
in conflict with his duties as a member of
the Commission. |
|
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Resignation
| 11. |
A member of the Commission may at any time resign his
office by a letter addressed to the Yang di-Pertuan Agong. |
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Part
III
POWERS
OF INQUIRY OF THE COMMISSION
Commission may inquire on own motion or on complaint
| 12. |
(1) |
The Commission may, on its own motion or on a complaint
made to it by an aggrieved person or group of persons
or a person acting on behalf of an aggrieved person or
a group of persons, inquire into allegation of the infringement
of the human rights of such person or group of persons. |
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(2) |
The Commission shall not inquire into any complaint relating
to any allegation of the infringement of human rights
which-
| (a) |
is the subject matter of any proceedings pending
in any court, including any appeals; or |
| (b) |
has been finally determined by any court. |
|
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(3) |
If the Commission inquires into an allegation under subsection
12(1) and during the pendency of such inquiry the allegation
becomes the subject matter of any proceedings in any court,
the Commission shall immediately cease to do the inquiry. |
Procedure
where infringement is not disclosed or is disclosed
| 13. |
(1) |
Where an inquiry conducted by the Commission under section
12 does not disclose the infringement of human rights,
the Commission shall record that finding and shall forthwith
inform the person making the complaint. |
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(2) |
Where an inquiry conducted by the Commission under section
12 discloses the infringement of human rights, the Commission
shall have the power to refer the matter, where appropriate,
to the relevant authority or person with the necessary
recommendations. |
Powers
relating to inquiries
| 14. |
(1) |
The Commission shall, for the purposes of an inquiry under
this Act, have the power-
| (a) |
to procure and receive all such evidence, written
or oral, and to examine all such persons as witnesses,
as the Commission thinks necessary or desirable
to procure or examine; |
| (b) |
to require that the evidence, whether written or
oral, of any witness be given on oath or affirmation,
such oath or affirmation being that which could
be required of the witness if he were giving evidence
in a court of law, and to administer or cause to
be administered by an officer authorized in that
behalf by the Commission an oath or affirmation
to every such witness; |
| (c) |
to summon any person residing in Malaysia to attend
any meeting of the Commission 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 admit notwithstanding any of the provisions of
the Evidence Act 1950
[Act 56}, any evidence, whether written or oral,
which may be inadmissible in civil or criminal proceedings;
and |
| (e) |
to admit or exclude the public from such inquiry
or any part thereof. |
|
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(2) |
Notwithstanding paragraph (1)( c), where a person summoned
is a person under detention under any other written law,
such summons shall be issued in accordance with the laws
applicable in relation to the place of detention. |
Evidence
before the Commission
| 15. |
(1) |
A person who gives evidence before the Commission shall,
in respect of such evidence, be entitled to all the privileges
to which a witness giving evidence before a court of law
is entitled in respect of evidence given by him before
such court. |
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(2) |
No person shall, in respect of any evidence written or
oral given by that person to or before the Commission,
be liable to any action or proceeding, civil or criminal
in any court except when the person is charged with giving
or fabricating false evidence. |
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Part
IV
STAFF OF THE COMMISSION
Appointment of Secretary and the staff
| 16. |
(1) |
The Commission shall appoint a Secretary to the Commission.
|
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(2) |
The Commission may appoint such other officers and servants
as may be necessary to assist the Commission in the discharge
of its functions under this Act. |
Delegation
of powers
| 17. |
The
Commission may delegate to any officer referred to in
subsection 16(2) any of its powers, and the officer to
whom such powers are delegated may exercise those powers
subject o the direction of the Commission. |
Protection
of members, officers and servants of the Commission
| 18. |
(1) |
No action, suit, prosecution or proceeding shall be instituted
in any court against the Commission or against any member,
officer, or servant of the Commission in respect of any
act, neglect or default done or committed by him in such
capacity provided that he at the time had carried out
his functions in good faith. |
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(2) |
Any member, officer or servant of the Commission shall
be required to produce in any court, any document received
by, or to disclose to any court, any matter or thing coming
to the notice of the Commission in the course of any inquiry
conducted by the Commission under this act. |
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(3) |
No action or proceeding, civil or criminal shall be instituted
in any court against any member of the Commission in respect
of any report made by the Commission under this Act or
against any other person in respect of the publication
by such person of a substantially true account of such
report. |
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(4) |
Chapters IX and X of the Penal Code [Act 574] shall apply
to members, officers and servants of the Commission as
if references to "public servant" had been replaced
with "member, officer or servant of the Commission".
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Part
V
GENERAL
Funds
| 19. |
(1) |
The Government shall provide the Commission with adequate
funds annually to enable the Commission to discharge its
function under this Act. |
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(2) |
The Commission shall not receive any foreign fund. |
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(3) |
Notwithstanding subsection (2), the Commission may receive
funds without any conditions from any individual or organization
only for the purpose of promoting awareness of and providing
education in relation to human rights as many be approved
by the Commission. |
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(4) |
The Commission shall cause proper audited accounts to
be kept of its income and expenditure, and assets and
liabilities. |
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(5) |
The financial year of the Commission shall be the calendar
year. |
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(6) |
Any expenses incurred by the Commission in any action
or proceeding, civil or criminal, brought by or against
the Commission before any court shall be paid out of the
funds of the Commission and any costs paid to, or recovered
by, the Commission in any such action or proceeding, civil
or criminal, shall be credited to the funds of the Commission. |
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(7) |
Any expenses incurred by any member, officer or servant
of the Commission, in any civil action or proceeding,
brought against him in any court in respect of any act
which is done or purported to be done by him under this
Act or on the direction of the Commission shall be paid
out of the funds of the Commission unless such expenses
are recovered by him in such civil action or proceeding.
|
Application
of Act 240
| 20. |
The
Statutory Bodies (Accounts and Annual Reports) Act 1980
[Act 240] shall apply to the Commission. |
Annual
Report
| 21. |
(1) |
The Commission shall not later than the first meeting
of Parliament of the following year, submit an annual
report to Parliament of all its activities during the
year to which the report relates. |
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(2) |
The report shall contain a list of all matters referred
to it, and the action taken in respect of them together
with the recommendations of the Commission in respect
of each matter. |
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(3) |
The Commission may, whenever it considers it necessary
to do so, submit special reports to Parliament in respect
of any particular matter or matters refereed to it, and
the action taken in respect thereof. |
Regulations
| 22. |
The Minister may make regulations for the purpose of carrying
out or giving effect to the provisions of this Act, including
for prescribing the procedure to be followed in the conduct
of inquiries under this Act. |
Power
to make disciplinary regulations
| 23. |
(1) |
The Commission may, with the approval of the Minister,
make such regulations as it thinks necessary or expedient
to provide for the discipline of the officers and servants
of the Commission. |
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(2) |
Where any disciplinary regulations are made under this
section, the Commission shall cause notice of the effect
of those regulations to be given in such manner as it
thinks necessary for bringing it to the notice of all
officers and servants of the Commission who are affected
by those regulations and those regulations shall, notwithstanding
sections 19 and 20 of the Interpretation Acts 1948 and
1967 [Act 388], have effect as soon as the notice has
been given without publications in Gazette. |
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