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bruneilawsby aturio
In force2023 Revised Edition
Contents

Part · Disciplinary Proceedings

45. Powers and procedure of Disciplinary Committee

(1)

For the purposes of a formal inquiry, a Disciplinary Committee may require any person —

(a)

to attend at a specified time and place and give evidence before the Disciplinary Committee; and

(b)

to produce all books, documents and papers in his custody under his control which may be related to or be connected with the subject matter of the formal inquiry.

(2)

Any person who, without lawful excuse —

(a)

refuses or fails to comply with any requirement of the

Disciplinary Committee under subsection (1); or

Architects, Professional Engineers and Quantity Surveyors 56

(b)

refuses to answer or gives a false answer to any question put to him by a member of the Disciplinary Committee, is guilty of an offence and liable on conviction to a fine not exceeding $5,000, imprisonment for a term not exceeding 6 months or both.

(3)

The Disciplinary Committee —

(a)

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

(b)

may administer an oath to any person giving evidence before it; and

(c)

may, subject to the rules, regulate its own procedure for a formal inquiry.

(4)

Any party to the proceedings before a Disciplinary Committee may apply for the issue of subpoenas to testify or to produce documents, and such subpoenas shall be served and may be enforced as if they were subpoenas issued in connection with a civil action in the High Court.

(5)

Any person giving evidence before a Disciplinary Committee shall be legally bound to tell the truth.

(6)

Any person giving evidence in a formal inquiry shall have the same privileges and immunities in relation to that inquiry as if it was a proceeding in a court of law.

(7)

The Board may appoint an advocate and solicitor for a formal inquiry (whether to prosecute the complaint or to act as a legal adviser to the

Disciplinary Committee) and shall pay to the advocate and solicitor, as part of the expenses of the Board, such remuneration as it may determine.

(8)

A Disciplinary Committee shall complete its inquiry not later than 6 months from the date of its appointment, unless the Board, on application of the Disciplinary Committee, allows otherwise.

(9)

In sections 172 to 175, 177, 179, 182 and 228 of the Penal Code

(Chapter 22), “public servant” is deemed to include a member of a

Disciplinary Committee holding a formal inquiry, and in sections 193

Architects, Professional Engineers and Quantity Surveyors and 228 of the Penal Code, “judicial proceeding” is deemed to include such a formal inquiry.

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