*HUMAN RIGHTS COMMISSION OF MALAYSIA ACT 1999

This Act shall come into operation on a date to be appointed by the Minister by notification published in the Gazette.

Interpretation

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 purposes 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 interest therein vested in the Commission upon such terms as it deems fit.

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.

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.

All deeds, documents and other instruments purporting to be sealed with the common seal, authenticated as specified in subsection

shall until the contrary is proved, be deemed to have been validly executed.

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The common seal of the Commission shall be officially and judicially noticed.

Functions and powers of the Commission

to promote awareness of and provide education in relation to human rights;

to advise and assist the Government in formulating legislation and administrative directives and procedures and recommend the necessary measures to be taken;

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

to inquire into complaints regarding infringements of human rights referred to in section 12.

For the purpose of discharging its functions, the Commission may exercise any or all of the following powers:

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.

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

The members of the Commission shall be appointed by the

Yang di-Pertuan Agong on the recommendation of the Prime

Minister who shall, before tendering his advice, consult the committee referred to in section 11A.

The members of the Commission shall be appointed from amongst men and women of various religious, political and racial backgrounds who have knowledge of, or practical experience in, human rights matters.

*(4) A member of the Commission shall hold office for a period of three years and is eligible for reappointment once for another period of three years.

The Prime Minister may determine suitable mechanisms, including appropriate key performance indicators, to assess the

*NOTE ─ see section 4 of the Human Rights Commission of Malaysia (Amendment) Act 2009 [Act A1353].

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performance of the members of the Commission in carrying out their functions and duties under this Act.

Such assessment shall be taken into consideration—

The Chairman’s term of office shall be his period of membership on the Commission.

A Vice-Chairman shall be elected by the members of the

Commission from amongst themselves.

Where the Chairman of the Commission is for any reason unable to perform the functions of the Chairman, or during any period of vacancy in the office of the Chairman, the Vice-Chairman shall perform the functions of the Chairman.

Meetings of the Commission

If the Chairman is absent from any meeting, the Vice-Chairman of the Commission shall preside at such meeting.

The quorum at all meetings shall be two-thirds of the number of members of the Commission.

The members of the Commission shall use their best endeavours to arrive at all decisions of the meetings by consensus

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failing which the decision by a two-thirds majority of the members present shall be required.

The Commission shall determine the conduct of its own proceedings.

Remuneration

Every member of the Commission shall be paid allowances at such rates as the Yang di-Pertuan Agong may determine.

Vacation of office

upon the death of the member;

upon the member resigning from such office by letter addressed to the Yang di-Pertuan Agong;

upon the expiration of his term of office; or

upon the member being removed from office on any of the grounds specified in section 10.

Disqualification

the member is adjudged insolvent by a court of competent jurisdiction;

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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;

the member absents himself from three consecutive meetings of the Commission without obtaining leave of the Commission or, in the case of the Chairman, without leave of the Minister;

the Yang di-Pertuan Agong, on the recommendation of the Prime Minister, is of the opinion that the member—

has engaged in any paid office or employment which conflicts with his duties as a member of the

Commission;

the Chief Secretary to the Government who shall be the

Chairman;

the Chairman of the Commission; and

three other members, of civil society who have knowledge of or practical experience in human rights matters, to be appointed by the Prime Minister.

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The members of the committee referred to in subsection (1)

shall serve the committee for such period and on such terms and conditions as may be specified in the instrument of appointment.

The members of the committee referred to in paragraph (1)(c)

may include former judges and former members of the Commission.

The following persons shall not be appointed as members of the committee under paragraph (1)(c):

The committee may determine the conduct of its own proceedings.

For the purpose of this section, “enforcement officer” means an officer of—

The Commission shall not inquire into any complaint relating to any allegation of the infringement of human rights which—

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

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

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;

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 authorised in that behalf by the Commission an oath or affirmation to every such witness;

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;

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

to admit or exclude the public from such inquiry or any part thereof.

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

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.

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

Any member, officer or servant of the Commission shall not 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.

No action or proceeding, civil or criminal shall be instituted in any court against any member of the Commission in respect of any

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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.

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”.

The Commission shall not receive any foreign fund.

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 may be approved by the

Commission.

The Commission shall cause proper audited accounts to be kept of its income and expenditure, and assets and liabilities.

The financial year of the Commission shall be the calendar year.

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 cost paid to or recovered by, the Commission in any such action

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or proceeding, civil or criminal, shall be credited to the funds of the

Commission.

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

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.

The Commission may, whenever it considers it necessary to do so, submit special reports to Parliament in respect of any particular matter or matters referred to it, and the action taken in respect thereof.

Regulations

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 publication in the Gazette.

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19

Act 597

LIST OF AMENDMENTS

Amending law

Short title

In force from

Human Rights Commission of

17-02-2010

Malaysia (Amendment) Act 2009

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20

Act 597

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from

5

17-02-2010

11A

17-02-2010

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