Text 1 (1-50) laws of MALAYSIA Act 597 PRINT the HUMAN RIGHTS COMMISSION ACT 1999 Contains all amendments to 1 January 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with PERCETAKAN NASIONAL MALAYSIA BHD 2006 laws of Malaysia ACT 5972 HUMAN RIGHTS COMMISSION ACT 1999 the date of Royal Assent............... August 27, 1999, the date of publication in the Gazette......... 9 September 1999 Human Rights Commission of Malaysia 3 laws of MALAYSIA Act 597 ACT the MALAYSIAN HUMAN RIGHTS COMMISSION 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 3. The Establishment Of The Commission 4. Functions and powers of Commission 5. The Commission's members and the term of Office 6. The Chairman and Vice Chairman of 7. Meeting The Commission 8. Remuneration for 9. Vacation of Office 10. Disqualification 11. The resignation of laws of Malaysia ACT 5974 PART III POWER INQUIRY COMMISSION section 12. The Commission may investigate on its own or on complaint requirements 13. Procedure where violations are not disclosed or revealed 14. Powers in relation to the investigation 15. The evidence before the Commission on PART IV of the EMPLOYEES of the COMMISSION 16. The appointment of the Secretary and staff of 17. Delegation authority 18. Protection of members, officers and servants of the Commission part V GENERAL 19. Funds 20. Application of Act 240 21. Annual report 22. Regulations 23. The power to make regulations disciplinary Human Rights Commission of Malaysia 5 laws of MALAYSIA Act 597 HUMAN RIGHTS COMMISSION ACT 1999 an act to provide for the establishment of the Human Rights Commission of Malaysia; to specify the powers and functions of the Commission for the protection and development of human rights in Malaysia; and to provide for matters connected therewith or incidental thereto.
[20 April 2000, P.U. (B) 122/2000]
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 Act 1999.
(2) this Act shall come into force on such date as the Minister may, by notification published in the Gazette.
Interpretation 2. In this Act, unless the context otherwise requires — "human rights" refer to fundamental freedoms as set out in part II of the Federal Constitution;
"Government" means the Government of Malaysia;
"Minister" means the Minister charged with the responsibility for human rights.
Laws of Malaysia ACT 5976 PART II ESTABLISHMENT of the MALAYSIAN HUMAN RIGHTS COMMISSION establishment of Commission 3. (1) there is hereby established a Commission to be known as the Human Rights Commission ("the Commission").
(2) the Commission shall be a body corporate having perpetual succession and a common seal that can be claimed and alleged his name and subject to and for the purposes of this Act, may enter into contracts and can acquire, purchase, take, hold and enjoy any kind of movable and immovable property and may transfer, assign, surrender, return, mortgage, charge, pledge, assign the mendemis , transferred or in any other manner dispose of, or make any arrangements regarding, any movable or immovable property or any interest therein vested in the Commission, upon such terms as he may deem fit.
(3) the Commission shall have a common seal which shall bear such device as may be approved by the Commission and the seal can be broken, changed, altered or made anew as it deems fit by the Commission.
(4) the common seal shall be kept in the custody of the Secretary to the Commission or any other person authorized by the Commission and shall be authenticated by the Secretary or authorized person or by any officer authorized by the Secretary or a person authorized in writing.
(5) all deeds, documents and other instruments purporting to be sealed with the seal of the Corporation, which was authenticated as specified in subsection (4), shall be deemed to have been validly executed until the contrary is proved.
Human Rights Commission of Malaysia 7 (6) the common seal of the Commission shall be officially and judicially noticed.
Functions and powers of the Commission 4. (1) to help protect and promote human rights in Malaysia, the functions of the Commission shall — (a) to promote awareness of and 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 steps to be taken;
(c) to recommend to the Government with respect to the signing or participation in treaties and other international instruments in the field of human rights; and (d) to investigate complaints regarding violations of human rights referred to in section 12.
(2) for the purposes of its functions, the Commission may exercise any or all of the following powers: (a) to promote awareness of human rights and to undertake to hold a research programme, seminars and workshops and to disseminate and distribute the research results;
(b) to advise the Government and/or the relevant authorities regarding the complaint against the authorities and recommend to the Government and/or authorities that suitable measures to be taken;
(c) to review and verify any violations of human rights in accordance with the provisions of this Act;
(d) to visit places of detention in accordance with the procedure prescribed by law relating to places of detention and to make the necessary recommendations;
(e) to issue a public statement on human rights when necessary; and the laws of Malaysia ACT 5978 (f) to undertake any other appropriate activities according to the law in force, if any, in respect of such activity.
(3) the visit by the Commission to any place of detention under paragraph (2) (d) it shall not be limited by the person in charge of the detention place if the procedures provided by law which regulates places of detention that followed.
(4) for the purposes of this Act, attention must be given to the Universal Declaration of human rights (1948) as far as the Declaration not not in accordance with the Federal Constitution.
The Commission's members and the term of Office of 5. (1) the Commission shall consist of not more than twenty members.
(2) members of the Commission shall be appointed by the Yang di-Pertuan Agong, on the recommendation of the Prime Minister.
(3) members of the Commission shall be appointed from amongst the famous figures including those who come from different religious and ethnic backgrounds.
(4) every Member shall hold office for a term of two years and be eligible for reappointment.
The 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.
(2) the term of Office of the Chairman is during the period of his membership in the Commission.
(3) the Chairman may be selected by the Commission's members from amongst themselves.
(4) If the Chairman of the Commission for any reason unable to perform the functions of the Chairman, or during any period of vacancy the Chairman, the Vice Chairman shall perform the functions of the Chairman.
Human Rights Commission of Malaysia 9 7 Commission Meeting. (1) the Chairman of the Commission shall preside at all meetings of the Commission.
(2) if the Chairman did not attend the meeting, Vice Chairman of the Commission shall preside at the meeting.
(3) a quorum in all the meetings were two-thirds of the number of members of the Commission.
(4) the members of the Commission shall endeavour to achieve all the results of the meeting unanimously that if failed, the decision by a majority of two-thirds of the members present shall be required.
(5) the Commission shall determine the proceedings on its own journey.
Remuneration 8. (1) the Chairman of the Commission shall be paid the remuneration and expenses determined by the Yang di-Pertuan Agong.
(2) every Member of the Commission shall be paid allowances at the rate determined by the Yang di-Pertuan Agong.
Vacation of post 9. The Office of a member of the Commission shall be vacated: (a) when the member dies;
(b) when the member resigns by letter addressed to the Yang di-Pertuan Agong;
(c) upon the expiration of his Office; or (d) when a member is removed from Office for any reason set out in section 10.
Laws of Malaysia ACT 59710 disqualification 10. A member of the Commission may be removed from Office by the Yang di Pertuan Agong if — (a) a member of the dihukumkan Court of competent tak solvent power authority;
(b) the Yang di-Pertuan Agong, in consultation with a medical practitioner or a registered medical practitioner, are of the opinion that the Member is unable to physically or mentally to continue to hold his post;
(c) the Member does not attend three consecutive meetings of the Commission without the consent of the Commission or, in the case of the Chairman, without the consent 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 Office or employment that is inconsistent with the obligations paid as a Commission Member;
(ii) have behaved wrong or behave in such a way to pollute the name of the Commission; or (iii) have acted in violation of this Act and in conflict with his duties as a member of the Commission.
The resignation of 11. A member of the Commission may at any time resign his Office by letter addressed to the Yang di-Pertuan Agong.
PART III the POWER INQUIRY COMMISSION Commission may investigate on its own or on complaint requirements 12. (1) the Commission may, on its own will or on a complaint made to the Commission by the person or group of persons aggrieved or a person acting on behalf of a person or a group of person aggrieved, investigate allegations of violations of the human rights of the person or group of persons.
Human Rights Commission of Malaysia 11 (2) the Commission shall investigate any complaints relating to any allegations of violations of human rights — (a) is a matter of any proceedings pending in any court, including any appeal; or (b) has been disconnected by any court.
(3) if the Commission investigate a allegations under subsection 12 (1) and pending the settlement of inquiry, allegations it becomes matter of any proceedings in any court, the Commission shall immediately stop from doing the investigation.
Procedure where violations are not disclosed or revealed 13. (1) where an investigation conducted by the Commission under section 12 does not disclose violations of human rights, the Commission shall record that finding and shall immediately inform the person who made the complaint.
(2) If an investigation carried out by the Commission under section 12, disclose violations of human rights, the Commission shall have the power to refer the matter, if applicable, to the authorities or persons associated with the necessary recommendations.
Powers in relation to investigation 14. (1) the Commission shall, for the purposes of an investigation under this Act, have power — (a) to seek and receive all evidence, written or verbal, and to check all people as witnesses, as the Commission considers necessary or should be obtained or inspected;
(b) to require that such evidence, whether written or verbal, any witness made with a vow or pledge, oath or pledge the oath or pledge to be required of the witness if the witness is giving evidence in the Court of laws of Malaysia ACT 59712 law, and to administer or cause is governed by an officer duly authorized for that purpose by the Commission , a oath or affirmation to every witness;
(c) to call any person residing in Malaysia in order to attend any meeting of the Commission to give evidence or produce any document or other thing that is in his possession, and to examine that person as a witness requires it or produce any document or other thing which have in his possession;
(d) to receive, notwithstanding any provision of the evidence Act 1950 [Act], any evidence, whether written or oral, which is not admissible in civil or criminal proceedings; and (e) to allow or not allow people to follow the investigation or any part of the inquiry.
(2) Notwithstanding paragraph (1) (c), if the person called is someone who is in custody under any other written law, the summons shall be issued in accordance with the applicable laws relating to the detention place.
The evidence before the Commission 15. (1) any person who gives evidence before the Commission shall, with respect to the evidence, be entitled to all privileges entitled to be given to a witness give evidence before the Court of law in respect of evidence given by him before the Court.
(2) No person shall, in respect of any evidence, written or oral, given by that person to or in front of the Commission, be liable to any action or proceeding, civil or criminal in any court except when the person is charged with giving false evidence or created four.
Human Rights Commission of Malaysia 13 PART IV STAFF Appointments Commission Secretary and staff of 16. (1) the Commission shall appoint a Secretary to the Commission.
(2) the Commission may appoint such other officers and servants as may be necessary to assist the Commission to carry out its functions under this Act.
Delegation of powers 17. The Commission may delegate to any officer referred to in subsection 16 (2) of any power, and the officer to whom such authority has been delegated may exercise that power subject to the directions 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 servants of the Commission in respect of any act, neglect or default committed by him upon the property provided that at the time, he carries out its functions in good faith.
(2) any Member, officer or servants of the Commission shall not be required to produce in any court any document received by, or disclose to any court any matter or thing that comes to their knowledge, the Commission in the course of any investigation conducted by the Commission under this Act.
(3) no action or civil or criminal proceedings 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 to any other person in respect of broadcasting by the person refusing that substantially true about the report.
Laws of Malaysia ACT 59714 (4) Chapters IX and X of the Penal Code [Act 574] shall apply to members, officers and servants of the Commission as if the reference to "public servants" was replaced by "members, officers or servants of the Commission".
Part V GENERAL Fund 19. (1) the Government shall provide for the Commission, sufficient funds annually to enable the Commission to carry out its functions under this Act.
(2) the Commission shall not receive any foreign funds.
(3) Notwithstanding subsection (2), the Commission may receive funds without any conditions from any individual or organization only for the purpose of fostering awareness of and provide education in relation to human rights as approved by the Commission.
(4) the Commission shall cause proper audited accounts of income and expenses, and assets and liabilities are stored.
(5) the Commission's financial year is the calendar year.
(6) any expenses incurred by the Commission in any action or proceeding, civil or criminal, brought by or against the Commission in front of any court shall be paid from the funds of the Commission and any costs payable to, or obtained by, the Commission in any action or proceeding, civil or criminal, shall be credited to the funds of the Commission.
(7) any expenses incurred by any members, officers or servants of the Commission, in any civil action or handing-over, brought against him in any court in respect of any act done or purporting to be done under this Act or by order of the Commission shall be paid from the funds of the Commission, unless the expenses claimed by him in such civil action or proceeding.
Human Rights Commission of Malaysia 15 application of Act 240 20. Act statutory bodies (accounts and annual reports) 1980 [Act 240] shall apply to the Commission.
Annual report 21. (1) the Commission shall not later than the first meeting of the Parliament for the ensuing year, submit an annual report to Parliament on all its activities during the year intended by the report.
(2) the report shall contain a list of all matters referred to the Commission, and the action taken in respect of, together with the recommendation of the Commission in respect of each matter.
(3) the Commission may, when it deems it necessary to do so, submit special reports to Parliament with respect to any particular matter referred to him and the action taken in respect of the matter.
Regulations 22. The Minister may make regulations for the purpose of carrying out or implementing the provisions of this Act, including prescribing the procedure to be followed in carrying out an investigation under this Act.
Power to make disciplinary regulations 23. (1) the Commission may, with the approval of the Minister, make such regulations as he may deem necessary or expedient to provide for disciplinary officers and servants of the Commission.
(2) where any disciplinary rules made under this section, the Commission shall cause notice of the effective regulations is given in such manner as he may deem necessary in order to bring it to the attention of all the officers and servants of the Commission which is affected by the regulations and the regulations shall, notwithstanding any sex yen 19 and 20 of the interpretation 1948 and 1967 [Act 388], have effect as soon as notice is given without published in the Gazette.
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