HOUSES OF PARLIAMENT (PRIVILEGES AND POWERS) ACT 1952

LAWS OF MALAYSIA REPRINT Act 347 HOUSES OF PARLIAMENT (PRIVILEGES AND POWERS) ACT 1952 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 2 Laws of Malaysia ACT 347 HOUSES OF PARLIAMENT (PRIVILEGES AND POWERS) ACT 1952 First enacted Revised ... ... ... ... ... … … 1952 (F.M. Ord. No. 15 of 1952) ... ... ... ... ... ... … … 1988 (Act 347 w.e.f. 6 October 1988) PREVIOUS REPRINT First Reprint ... ... ... ... ... 2001 Houses of Parliament (Privileges and Powers) 3 LAWS OF MALAYSIA Act 347 HOUSES OF PARLIAMENT (PRIVILEGES AND POWERS) ACT 1952 ARRANGEMENT OF SECTIONS Section 1. Short title 2. Interpretation 3. Freedom of speech and debate 4. Power of House to enquire into contraventions 5. House as a court of record 6. Members and officers of House exempted from serving as jurors or assessors or, when House is sitting, to attend as witnesses in court 7. Immunity of members from civil or criminal proceedings for anything done or said before the House 8. Exemption from liability in damages for any act done under the authority of the House 9. Power of House to punish for contempt of the House 10. No member to vote on matters in which he has a direct pecuniary interest 11. Power of President to issue warrants for apprehension and imprisonment 12. Contents of warrant 13. Power of President to order arrest of persons causing disturbance during sitting of House 14. Duty to assist in the apprehension of persons ordered to be arrested by the President 15. Power to enter and search premises 16. Power of House to order attendance of witnesses and production of documents 17. Attendance to be notified by summons 4 Laws of Malaysia ACT 347 Section 18. Examination of witnesses upon oath 19. Exemption from answering questions or producing documents 20. Punishment for giving a false answer 21. Rules relating to privileged evidence apply to evidence before the House 22. Certificate by President that a witness has answered questions put to him by the House 23. Prohibition to give evidence outside the House of any evidence before the House without the leave of the House 24. Journals of the House admissible as evidence 25. Penalty for printing false copy of law, report, etc. 26. Certificate of President a defence in proceedings instituted in respect of publications of the House 27. Privileged publications 28. President to act notwithstanding dissolution or prorogation of House 29. Additional penalty by the House 30. Recovery of penalties 31. Prosecutions to be instituted only at the instance of the Attorney General 32. Privileges and immunities of the House of Commons to be enjoyed by the House and members thereof 33. Privileges, etc., to be judicially noticed 34. Commons Journals to be prima facie evidence in enquiries touching privileges Houses of Parliament (Privileges and Powers) 5 LAWS OF MALAYSIA Act 347 HOUSES OF PARLIAMENT (PRIVILEGES AND POWERS) ACT 1952 An Act relating to the powers and privileges of the Houses of Parliament, freedom of speech and debate or proceedings in such Houses and protection to persons employed in the publication of papers of such Houses. [29 May 1952] Short title 1. This Act may be cited as the Houses of Parliament (Privileges and Powers) Act 1952. Interpretation 2. In this Act unless the context otherwise requires— “committee” means a committee of the whole House and any standing, select, special or other committee of such House or appointed by such House; “House” means the Senate or the House of Representatives, as the circumstances may require; “journals” means the minutes of the House or the official records of the proceedings thereof; “member” means a member of the House; “officer of the House” and “officer” means the Clerk to the Senate or Clerk to the House of Representatives, as the circumstances may require, and any person declared by the President to be an officer of the House; 6 Laws of Malaysia ACT 347 “President” means the President of the Senate or the Speaker of the House of Representatives, as the circumstances may require; “standing orders” means the Standing Rules and Orders of the House for the time being in force. Freedom of speech and debate 3. There shall be freedom of speech and debate or proceedings in the House and such freedom of speech and debate or proceedings shall not be liable to be impeached or questioned in any court or tribunal out of the House. Power of House to enquire into contraventions 4. For the purposes of this Act, the House is hereby declared to possess all such powers and jurisdiction as may be necessary for enquiring into, judging, and pronouncing upon the commission of any such acts, matters, or things as are made punishable as contempts under section 29 and awarding and carrying into execution the punishment therefor provided by this Act. House as a court of record 5. The House sitting as a court shall have all such rights and privileges of a court of record, as may be necessary for the purpose of summarily enquiring into and punishing the acts, matters, and things made punishable as contempts under section 29. Members and officers of House exempted from serving as jurors or assessors or, when House is sitting, to attend as witnesses in court 6. No member or officer of the House shall be required to serve on any jury or as assessor or, while in attendance on the House, to attend as a witness in any civil proceedings in any court, unless that court holds its sittings at the seat of the House. The certificate of the President shall be deemed sufficient proof of any such member’s or officer’s attendance in the House. Houses of Parliament (Privileges and Powers) 7 Immunity of members from civil or criminal proceedings for anything done or said before the House 7. No member shall be liable to any civil or criminal proceedings, arrest, imprisonment, or damages by reason of any matter or thing which he may have brought by petition, bill, resolution, motion, or otherwise, or have said before the House or any committee. Exemption from liability in damages for any act done under the authority of the House 8. No person shall be liable in damages or otherwise for any act done under the authority of the House, and within its legal powers or under any warrant issued by virtue of those powers. Power of House to punish for contempt of the House 9. The House may, for or in respect of any of the offences hereinafter mentioned, whether committed by a member or by any other person, summarily punish for contempt by fine not exceeding one thousand ringgit as provided by the standing orders or by this Act; and if any such fine so imposed be not immediately paid the offender shall be committed to the custody of the keeper of any gaol or of an officer of the House in such place as it may direct until payment be made or until the House is dissolved or prorogued, whichever be the earlier. The said offences shall be— (a) disobedience to any order for attendance or for production of papers, books, records, or documents made by the House or any committee duly authorized in that behalf, unless the attendance or production be excused as provided in section 19; (b) refusing to be examined before or to answer any lawful and relevant question put by the House or any such committee, unless such refusal be excused as provided in section 19; (c) the wilful failure or refusal to obey any lawful order of the House, whereby the House is or is likely to be obstructed or impeded; 8 Laws of Malaysia ACT 347 (d) the offering to or acceptance by any member or officer of a bribe to influence him in his conduct as such member or officer, or the offering to or acceptance by any member or officer of any fee, compensation, gift or reward for or in respect of the promotion of or opposition to any bill, resolution, matter, rule, or thing submitted to or intended to be submitted to the House or any committee; (e) assaulting, obstructing, or insulting any member coming to or going from the House or on account of his conduct in the House or endeavouring to compel any member by force, insult, or menace to declare himself in favour of or against any proposition or matter pending or expected to be brought before the House; (f) assault upon, interference with or resistance to an officer of the House while in the execution of his duty; (g) sending to a member any threatening letter or challenging a member to a fight on account of his conduct in the House; (h) creating or joining in any disturbance in the House or in the vicinity of the House, whereby any proceedings of the House are or are likely to be interrupted; (i) tampering with, deterring, threatening, beguiling, or in any way unduly influencing any witness in regard to evidence to be given by him before the House or any committee; (j) presenting to the House or to any committee any false, untrue, fabricated or falsified document with intent to deceive the House or any committee; (k) prevarication or other misconduct as a witness before the House or any committee; (l) the publication of any false or scandalous libel on any member touching his conduct as a member; (m) the publication of any Report of a Committee of the House or of any evidence given or any documents presented to such Committee or extracts from such documents, before such Committee has presented its Report to the House; Houses of Parliament (Privileges and Powers) 9 (n) the publication of any report or statement purporting to be a report of the proceedings of the House in any case— (i) where such proceedings have been conducted after exclusion by order of the House of the public; or (ii) when such publication has been expressly prohibited by order of the House; or (iii) when such report or statement constitutes or contains a wilful misrepresentation of the proceedings of the House or of the speech of any member thereof or is otherwise not made or published in good faith. No member to vote on matters in which he has a direct pecuniary interest 10. (1) A member shall not in or before the House or any committee take part in the discussion of any matter in which he has a direct pecuniary interest without disclosing the extent of that interest and shall not in any circumstances vote upon any such matter. (2) Any member who acts in contravention of this section may be adjudged guilty of contempt by the House, and shall be liable to the penalties provided in this Act for such contempt. (3) This section shall not apply to any vote or discussion concerning any remuneration or allowance to be received by members in their capacity, as such, or to any interest which a member may have in any matter in common with the public generally, or with any category or section thereof. Power of President to issue warrants for apprehension and imprisonment 11. For the purpose of punishing any of the contempts referred to in this Act, the President, is hereby empowered, upon a resolution in that behalf of the House, to issue a warrant under his hand for the apprehension and imprisonment of any person sentenced to imprisonment or who, having been sentenced to pay a fine, fails to pay the same. 10 Laws of Malaysia ACT 347 Contents of warrant 12. Every warrant aforesaid shall contain a statement that the person therein mentioned has been adjudged guilty of contempt by the House and shall specify the nature of the contempt; and every such warrant shall be sufficient, if it can be reasonably inferred therefrom that the person mentioned therein has been adjudged guilty of any of the contempts aforesaid, and it shall not be necessary to observe any particular form in any such warrant. Power of President to order arrest of persons causing disturbance during sitting of House 13. Any person creating or