Section 6

Where proceedings are taken under this regulation, the Commission shall convene a Committee of Inquiry to enquire into the matter and to submit a report to the Commission.

The Committee shall consist of a legal or judicial officer who shall be the chairman and two other senior public officers who shall be selected with due regard to the standing of the senior police officer concerned and to the nature and gravity of the offence which are the subject of the inquiry.

The senior police officer shall be informed of the date on which the

Committee will commence its inquiry and the senior police officer shall attend the inquiry and shall be permitted to -

The record of the proceedings of the Committee shall consist of the information obtained by the Committee and a report by the Committee.

The information shall not ordinarily be set out in the form of question and answer but in the form of a narrative but the Committee may, in its discretion, record any particular question and answer.

At the inquiry, the evidence on behalf of the Government shall be presented by a senior police officer or a public officer nominated by the

Commission.

The Committee may, in its discretion, permit the senior police officer under inquiry to be represented by an advocate and solicitor or by another senior police officer.

A person representing the senior police officer under inquiry shall not be senior in rank to any member of the Committee or to the officer nominated by

Commission under sub-regulation (6).

The Committee may, at any time, exclude any person representing the senior police officer under inquiry from the inquiry if the Committee is of the view that the person has misconducted himself or is attempting to delay the inquiry.

The Committee shall not be bound to act in a formal manner and shall not be bound by the Evidence Act (Chapter 108) or by any other written law relating to evidence but may inform itself on any matter in such manner as it thinks fit.

The Committee shall, whenever possible, proceed with its inquiry from day to day and no adjournment shall be given except for reasons to be recorded in writing.

29th. DECEMBER, 2021

The Committee may, in its discretion, conduct proceedings under these

Regulations notwithstanding the absence of one of its members, and the validity of such proceedings shall not be challenged on this ground.

If the Committee is satisfied that the senior police officer under inquiry or any person representing him is hampering or attempting to hamper the progress of the inquiry, the Committee shall administer a warning to the senior

Y police officer and, where appropriate, the person representing hlm.

If after such warning the Committee is satisfied that the warning is being disregarded, the Committee shall make a written note of this and shall proceed to carry on with and complete the inquiry in such manner as it thinks fit.

The Committee shall, within 30 days of the conclusion of the proceedings unless the Commission grants an extension of time, submit its report to the Commission.

The Commission may, upon receiving the report from the Committee, where it thinks fit, require the Committee to reconvene to consider further evidence and to meet for that purpose except that the senior police officer shall be given not less than 14 days' notice of such further meeting of the Committee to reply thereto.

If, upon considering all the facts available, the Commission is of the opinion that -

Notwithstanding any other provisions in these Regulations, if the

Commission is of the opinion that it is desirable in the public interest to recommend to His Majesty the Sultan and Yang Di-Pertuan that a senior police officer shall be required to retire with the present rank or with a reduction in rank from the service on grounds which cannot be suitably dealt with, by specific charges, under these Regulations, it shall act in accordance with this regulation.

The Commission shall give the senior police officer an opportunity of submitting a reply to the complaints by reason of which his retirement with the present rank or with a reduction in rank is contemplated within the time specified by the Commission.

If the Commission is satisfied, upon a consideration of the report and of the reply by the senior police officer and having regard to the conditions of service, the usefulness of the senior police officer thereto and all the other circumstances of the case, that it is desirable in the public interest to do so, it may recommend to His Majesty the Sultan and Yang Di-Pertuan that the senior police officer retire in the public interest with the present rank or reduction in rank and the senior police officer's service shall accordingly be terminated on such date as

His Majesty the Sultan and Yang Di-Pertuan may specify.

In every case of retirement in the public interest under these

Regulations, the question of pension, gratuity or other allowance shall be dealt with under any written law for the time being in force.