(a) is the subject ma�er of any proceedings pending in any
court, including any appeals; or
(b) has been finally determined by any court.
(3) If the Commission inquires into an allega�on under subsec�on
12(1) and during the pendency of such inquiry the allega�on
becomes the subject ma�er of any proceedings in any court, the
Commission shall immediately cease to do the inquiry.”
48.
The powers rela�ng to the conduct of public inquiries are found in Sec�on 14 of
the Act:
“Powers rela�ng to inquiries
14 (1) The Commission shall, for the purposes of an inquiry under
this Act, have the power—
(a) to procure and receive all such evidence, wri�en or oral, and
to examine all such persons as witnesses, as the Commission
thinks necessary or desirable to procure or examine;
(b) to require that the evidence, whether wri�en or oral, of any
witness be given on oath or affirma�on, such oath or affirma�on
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 affirma�on to every such witness;
(c) to summon any person residing in Malaysia to a�end any
mee�ng 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;
(d) to admit notwithstanding any of the provisions of the Evidence
Act 1950 [Act 56], any evidence, whether wri�en or oral, which
may be inadmissible in civil or criminal proceedings; and
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AMRI CHE MAT
(2) The Commission shall not inquire into any complaint rela�ng
to any allega�on of the infringement of human rights which -