Commissions of Inquiry Act 1986
TITLE 6 – PUBLIC PROCEEDINGS AND RECORDS
CHAPTER 3 - COMMISSION OF INQUIRY
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
COMMISSIONS OF INQUIRY ACT 1986
Arrangement of Sections
Section Page
§301. Short title. .............................................................................................................................. 3
§302. Power to appoint Commissions of Inquiry. ..................................................................... 3
§303. Appointment of additional members. ............................................................................... 4
§304. Extension of time. ................................................................................................................. 4
§305. Alteration or revocation of warrant. .................................................................................. 4
§306. Change of President. ............................................................................................................ 5
§307. Powers of Commission. ....................................................................................................... 5
§308. Conferment of additional powers on a Commission. ..................................................... 6
§309. Members of Commissions deemed to be public servants. ............................................. 6
§310. Punishment of contempt. .................................................................................................... 7
§311. Summons. .............................................................................................................................. 7
§312. Contempt defined................................................................................................................. 7
§313. Privileges of witnesses. ........................................................................................................ 7
§314. Special immunity for witnesses. ......................................................................................... 8
§315. Presumption on production of record of evidence. ......................................................... 8
§316. Representation of persons. .................................................................................................. 9
§317. Costs and other expenses. ................................................................................................... 9
§318. Protection of members of Commissions. .......................................................................... 9
§319. Appointment of secretary and interpreters. ................................................................... 10
§320. Exemption from stamp duty. ............................................................................................ 10
§321. Service of process. .............................................................................................................. 10
§322. Remuneration of members of Commissions. ................................................................. 10
§323. Report of Commission. ...................................................................................................... 10
TITLE 6 – PUBLIC PROCEEDINGS AND RECORDS
CHAPTER 3 - COMMISSION OF INQUIRY
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
COMMISSIONS OF INQUIRY ACT 1986
AN ACT to enable the appointment of Commissions of Inquiry, to prescribe their
powers and procedure, to facilitate the performance of their functions and to
provide for matters connected with or incidental to the aforesaid matters.
Commencement: January 6, 1987
Source: P.L. 1986-29
Amended By: P.L. 1989-62
§301. Short title.
This Chapter may be cited as the “Commissions of Inquiry Act 1986”.[P.L. 1986-29, §1.]
§302. Power to appoint Commissions of Inquiry.
(1) Whenever it appears to the President to be necessary that an inquiry
should be held and information obtained as to any of the following,
the President may, by warrant under the Public Seal of the Republic,
appoint a Commission of Inquiry consisting of one or more members
to inquire into and report upon such administration, conduct or
matter:
(a) the administration of any Department of the Government of
the Marshall Islands or of any public or local authority or
institution;
(b) the conduct of any member of the Public Service; or
(c) any matter with respect to which an inquiry will, in his
opinion, be in the interest of the public safety, national security
or welfare.
(2) Every warrant issued under this Chapter shall:
(a) set out the name of the member or each of the members of the
Commission;
(b) where a Commission consists of more than one member,
specify the member who is to be the Chairman of the
Commission;
(c) contain the terms of reference of the Commission; and
(d) include a direction whether the inquiry or any part thereof
shall or shall not be held in public. [P.L. 1986-29, §2.]
§303. Appointment of additional members.
(1) The President may add to the numbers of any Commission appointed
under Section 302 of this Chapter, and where any member so
appointed or added dies, resigns, desires to be discharged, or refuses
or becomes unable to act, the President may appoint a new member
in his place.
(2) When a new member has been appointed under the provisions of
Subsection (1) of this Section, it shall not be necessary for any
evidence which may have been taken before the Commission prior to
such appointment to be retaken. [P.L. 1986-29, §3.][section references modified toreflect new numbering format]
§304. Extension of time.
The President may, from time to time, by endorsement under his hand on a
warrant issued under this Chapter, extend the time for the rendering of the
report of the Commission appointed by such warrant, whether the time for
the rendering of such report has expired or not. [P.L. 1986-29, §4.]
§305. Alteration or revocation of warrant.
The President may at any time alter (for the purposes of Section 303 or 304
of this Chapter) or revoke any warrant issued under this Chapter .[P.L. 1986-29, §5.][section references modified to reflect new numbering format]
§306. Change of President.
No warrant issued under this Chapter shall lapse by reason of, or be
affected by, the death, absence, retirement, resignation or removal of the
President who issued the warrant. [P.L. 1986-29, §6.]
§307. Powers of Commission.
A Commission appointed under this Chapter 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 Commission
may think it necessary or desirable to procure or examine;
(b) to require the evidence (whether written or oral) of any
witness to be given on oath or affirmation, such oath or
affirmation to be that which is 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 the Republic to attend any
meeting of the Commission to give evidence or introduce 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) notwithstanding any of the provisions of the rules of evidence
in force, to admit any evidence, whether written or oral, which
might be inadmissible in civil or criminal proceedings;
(e) subject to any direction contained in the warrant:
(i) to admit or exclude the public from the inquiry or any
part thereof; and
(ii) to admit or exclude the press from the inquiry or any
part thereof; and
(f) to recommend that any person whose conduct is the subject of
inquiry under this Chapter or who is in anyway implicated or
concerned in the matter under inquiry be awarded such sum
of money as, in the opinion of the Commission, may have been
reasonably incurred by such person as costs and expenses in
connection with the inquiry. In this Paragraph “costs and
expenses” include the costs of representation by an attorney at
law, and travelling and other expenses incidental to the
inquiry or consequential upon the attendance of such person
at the inquiry. [P.L. 1986-29, §7.]
§308. Conferment of additional powers on a Commission.
(1) All or any of the following powers may be conferred by the
President, on a Commission appointed under this Chapter if the
Commission so requests:
(a) to require by written notice the manager of any bank in the
Republic to produce, as specified in the notice, any book or
document of the bank containing entries relating to the
account of any person or the spouse, son or daughter of such
person, whose conduct is being inquired into by the
Commission, or to furnish, as so specified, certified copies of
such entries;
(b) to require by written notice the Chief of Revenue to furnish, as
specified in the notice, all information available to such Chief
relating to the affairs of any person or the spouse, son or
daughter of such person, whose conduct is being inquired into
by the Commission, and to produce or furnish, as so specified,
any document relating to such person, spouse, son or
daughter, which is in the possession or under the control of
such Chief.
(2) A Commission appointed under this Chapter may exercise any
power conferred on the Commission under Subsection(l) of this
Section, and any person to whom the Commission issues any
direction in the exercise of such power shall carry out such direction
notwithstanding anything in the contrary in any other law.[P.L. 1986-29, §8.]
§309. Members of Commissions deemed to be public servants.
The members of a Commission appointed under this Chapter shall, as long
as they are acting as such members, be deemed to be public servants for the
purposes of Sections 240.1 and 240.6 of the Criminal Code, and every
inquiry under this Chapter shall be deemed to be a judicial inquiry for the
purposes of Section 242.1 of the Criminal Code. [P.L. 1986-29, §9.][section referencesmodified to reflect new numbering format][section reference modified to the relevant sections of the new
Criminal Code; P.L. 2011-59]
§310. Punishment of contempt.
Contempt of the Commission shall be punished in the manner prescribed in
Section 257(4) of the Judiciary Act 1983. [P.L. 1986-29, §10; amended by P.L. 1989-62, §2(1),substituting entirely new Section.]
§311. Summons.
(1) Every summons shall, in any case where a Commission consists of
one member only, be under the hand of that member, and in any case
where a Commission consists of more than one member, be under the
hand of the Chairman of the Commission; provided that, where a
person has been appointed under Section 319 of this Chapter to act as
secretary, any such summons may, with the authority of the
Commission, be issued under the hand of the secretary.
(2) Any summons may be served by delivering it to the person named
therein, or if that is not practicable, by leaving it at the last known
place of abode of that person.
(3) Every person on whom a summons is served shall attend before the
Commission at the time and place specified therein, and shall give
evidence or produce such documents or other things as are required
of him and are in his possession or power, according to the tenor of
the summons. [P.L. 1986-29, §11.]
§312. Contempt defined.
Contempt of the Commission is any act or failure to act which would be
contempt of court under Section 256 of the Judiciary Act 1983 if the Act or
failure to act was done before or in respect to a court. [P.L. 1986-29, §12;P.L. 1989-62, §2(2), substituting entirely new Section.]
§313. Privileges of witnesses.
Every witness who gives evidence before a Commission appointed under
this Chapter shall, with respect to such evidence, be entitled to all the
privileges to which a witness giving evidence in a court of law is entitled
with respect to the evidence given by that witness before such court. In case
of any inconsistency or conflict with the rest of the provisions of this
Chapter, the provisions of this Section shall prevail. [P.L. 1986-29, §13.]
§314. Special immunity for witnesses.
Except as hereinafter provided, where the President in the warrant of
appointment of a Commission or by subsequent order declares that this
Section shall apply to or in relation to such Commission, the following
provisions shall have effect:
(a) no person shall, with respect to any evidence, written or oral,
given by that person to or before the Commission at the
inquiry, be liable to any action, prosecution or other
proceedings in any civil or criminal court;
(b) no evidence of any statement made or given by any person to
or before the Commission for purposes of the Commission
shall be admissible against that person in any action,
prosecution, or other proceedings in any civil or criminal
court.
However, nothing in the preceding Paragraphs shall abridge or affect
or be deemed or construed to abridge or affect the liability of any
person to any prosecution of penalty for any offense under
Sections 256, 257, 2 58 and 259 of the Judiciary Act 1983 read in
conjunction with Section 309 of this Chapter, or prohibit or be
deemed or construed to prohibit the publication or disclosure of the
name or of the evidence or any part of the evidence of any witness
who gives evidence at the inquiry, for the purpose of the prosecution
of that witness for any offense under Section 141.2 of the Criminal
Code. [P.L. 1986-29, §14.][section references modified to the relevant sections of the new CriminalCode; P.L.2011-59]
§315. Presumption on production of record of evidence.
Every document produced before any court and purporting to be a record
or memorandum of the evidence or any part of the evidence given by a
witness examined before a Commission under this Chapter and purporting
to be signed by the members thereof shall be presumed to be genuine and
shall be admissible in evidence without further proof. [P.L. 1986-29, §15.]
§316. Representation of persons.
Every person who is the subject of inquiry under this Chapter, or who is in
any way implicated or concerned in the matter under inquiry, shall be
entitled to be represented by one or more attorneys at law at the whole of
the inquiry; and any other person who may consider it desirable that he
should be so represented may, by leave of the Commission, be represented
in the manner aforesaid. [P.L. 1986-29, §16.]
§317. Costs and other expenses.
(1) On the conclusion of any inquiry under this Chapter, and on the
recommendation of the Commission, the Minister of Finance may, by
order under his hand, award to any person whose conduct has been
the subject of such inquiry or who has been in any way implicated or
concerned in the matter under inquiry or to any bank whose manager
has complied with a notice issued in connection with such inquiry by
the Commission in the exercise of powers conferred on the
Commission by the President under Section 308(l)(a) of this Chapter,
such sum of money as the Minister of Finance may in his discretion
specify in the order as sufficient to meet the costs and expenses which
may have been reasonably incurred by such person or bank in
connection with the inquiry. In this Subsection “costs and expenses”
include the costs of representation by an attorney at law, and
traveling and other expenses incidental to the inquiry or
consequential upon the attendance of such person at the inquiry, and,
in the case of a bank, the clerical, traveling and other expenses
consequential upon compliance with the aforesaid notice.
(2) All monies awarded by order of the Minister of Finance under
Subsection (1) shall be a charge on the Marshall Islands General
Fund, and the payment of all such monies is hereby authorized.[P.L. 1986-29, §17.]
§318. Protection of members of Commissions.
No civil or criminal proceedings shall lie against any member of a
Commission with respect to any act in good faith done or omitted to be
done by him as such member. [P.L. 1986-29, §18.]
§319. Appointment of secretary and interpreters.
(1) The President may appoint any person to act as secretary to a
Commission and such person shall perform such duties connected
with the inquiry as the Commission may order subject to the
directions, if any, of the President.
(2) A Commission may appoint any person to act as interpreter in any
matter arising at the inquiry and to translate any book, document, or
other writing produced at the inquiry. [P.L. 1986-29, §19.]
§320. Exemption from stamp duty.
No stamp duty shall attach or be payable for any process issued by the
authority of a Commission appointed under this Chapter . [P.L. 1986-29, §20.]
§321. Service of process.
Every process issued by a Commission appointed under this Chapter shall
be served and executed by the Chief of Police. [P.L. 1986-29, §21.]
§322. Remuneration of members of Commissions.
The members of Commission appointed under this Chapter may be paid
such compensation and allowances to meet expenses reasonably incurred by
them in the performance of their duties as such members, as the President
may determine. [P.L. 1986-29, §22.]
§323. Report of Commission.
The report of any Commission appointed under this Chapter shall be
presented by the President to the Nitijela as soon as may be convenient, and
published as a sessional paper of the Nitijela. [P.L. 1986-29, §23.]
