Page:Inquiries Act 2007.pdf/6

6 Composition of commission

4.—(1) A commission of inquiry shall consist of one or more persons (at least one of whom shall be a person who is qualified to be a Judge of the High Court).

(2) Where a commission consists of more than one commissioner, the President shall appoint one of the commissioners to be the chairman.

(3) Where a commission consists of one commissioner only, he shall be vested with the powers of the chairman.

(4) The President may, from time to time, add to the members of any such commission.

(5) The President may appoint a person to replace any commissioner—
 * (a) who has died or resigned; or
 * (b) whom the President is satisfied—
 * (i) is incapacitated by reason of physical or mental disability; or
 * (ii) is unwilling, unable or unfit to discharge the functions of a commissioner.

(6) When a new commissioner has been appointed under subsection (4) or (5), it shall not be necessary for any evidence which may have been taken before the commission prior to such appointment to be retaken.

(7) A commissioner may resign from his office at any time by notice in writing to the President.

(8) Every commissioner appointed under this Part shall, so long as he is acting as such commissioner, be deemed to be a public servant within the meaning of the Penal Code (Cap. 224), and every inquiry under this Part shall be deemed to be a judicial proceeding within the meaning of the Penal Code.

Change of President

5. No commission issued and no appointment made under this Part shall lapse by reason of, or be otherwise affected by, the death, absence, resignation, retirement or removal of the President who issued the commission or made the appointment.