[ S.L.452.03 COURTS OF INQUIRY 1 SUBSIDIARY LEGISLATION 452.03 COURTS OF INQUIRY REGULATIONS 15th March, 1949 GOVERNMENT NOTICE 154 of 1949, as amended by Government Notice 584 of 1949 and Emergency Ordinance VI of
- The title of these regulations is the Courts of Inquiry Regulations. Title.
- The meanings set out in article 2 of the Employment and Industrial Relations Act are applicable to these regulations. Interpretation. Cap.
- A Court of Inquiry shall be appointed by the Minister by means of a letter addressed to each member, and the appointment and the composition of a Court of Inquiry shall be published in the Gazette. When a Court of Inquiry consists of more than one member one of the members, to be designated as such by the Minister, shall be chairman. Appointment of Court of Inquiry.
- The terms of reference of a Court of Inquiry shall be set out in writing by the Minister and transmitted to it before it holds its first sitting, provided that such terms of reference may be modified by the Minister by means of a letter after the Court has commenced its proceedings. Terms of reference.
- A Court of Inquiry shall hold its sittings in public or in private at its discretion, subject to any directions given by the Minister. Sittings.
- A Court of Inquiry consisting of more than one member may act notwithstanding any vacancy in its number. Vacancies.
- Before a Court of Inquiry takes cognizance of any matter referred to it, each member thereof other than a Judge or a Magistrate shall take an oath to conduct the inquiry with impartiality and to the best of that member’s ability. Oath. 8.
(1)A Court of Inquiry shall have the power to summon witnesses and to administer the oath to same; to appoint assessors; and to require any person who appears to the Court to have special knowledge of the subject matter of the inquiry to furnish, in writing or otherwise, and to confirm on oath such particulars in relation thereto as the Court may require. All necessary orders shall be made in the name of the sole member of the Court of Inquiry or as the case may be of the chairman thereof over the signature of the secretary to the Court. In cases where the Court consists of more than one member, the oath shall be administered by the chairman. Powers of Board of Conciiliation. Amended by: G.N. 584 of 1949; Em. Ord. VI of 1958.
(2)In the matter of summoning witnesses and of enforcing the attendance of the witnesses summoned, a Court of Inquiry shall have the same powers as a civil court as set out in the Code of Organization and Civil Procedure except that it shall not in any case be enabled to order the detention of any person, and execpt that the duties of court usher and of a court marshal respectively shall be performed by members of the Executive Police detailed for Cap.
- 2 [ S.L.452.03 COURTS OF INQUIRY the purpose by the Commissioner of Police. Any fine inflicted by a Court of Inquiry shall be recoverable by the Attorney General as a civil debt due to the Government. Report to the Minister.
- A Court of Inquiry, if it so thinks fit or if required by the Minister so to do, may make interim reports. Laying of report before the House of Representatives.
- Every report, whether interim or final, of a Court of Inquiry, accompanied by the minority report if any, shall be addesssed to the Minister, and shall be laid by him before the House of Representatives. Members not to divulge.
- The members of a Court of Inquiry shall not divulge anything that was discusssed by the Court in the course of its proceedings. Secretary of the Board. 12.
(1)The Minister shall appoint an officer of the Ministry to act as secretary to each Court of Inquiry, and shall make all arrangements for the accommodation of the Court.
(2)The written record of the proceedings of a Court of Inquiry shall, on the final report having been delivered to the Minister, be delivered to and kept as a confidential file by the Minister. Witnesses. Cap. 108. 13. Witnesses shall be paid fees in accordance with the Witnesses (Fees) Ordinance).