31F.—(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 the custody of such person or 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
(b)
refuses to answer or gives a false answer to any question put to him by a member of the Disciplinary Committee,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to 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 (Cap. 97) or by 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 or affirmation 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 sue out 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.
[42/2005 wef 01/01/2006]
(5) Any person giving evidence before a Disciplinary Committee shall be legally bound to tell the truth.
(6) Persons giving evidence in a formal inquiry shall have the same privileges and immunities in relation to an inquiry as if it was a proceeding in a court of law.
(7) The Board may appoint an advocate and solicitor for the purpose of a formal inquiry (whether to prosecute the complaint or to act as a legal advisor to the Disciplinary Committee) and pay to the advocate and solicitor, as part of the expenses of the Board, such remuneration as the Board 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 (Cap. 224), “public servant” shall be deemed to include a member of a Disciplinary Committee holding a formal inquiry, and in sections 193 and 228 of the Penal Code, “judicial proceeding” shall be deemed to include such a formal inquiry.