3.—(1) The President may, whenever the President considers it expedient to do so, issue a commission appointing one or more commissioners and authorising such commissioners, or any quorum of them mentioned in the commission, to inquire into —
(a)
the conduct of any officer or officers in the public service of Singapore;
(b)
the conduct or management of any department of the public service or any public or local institution; or
(c)
any matter in which an inquiry would, in the opinion of the President, be for the public welfare or in the public interest.
(2) The commission issued by the President must specify the subject of the inquiry and, at the discretion of the President, may —
(a)
specify any particular matters as to which the commissioners are to determine the facts;
(b)
direct whether the commissioners are to make recommendations;
(c)
direct where and when the inquiry is to be held and the report of the inquiry submitted;
(d)
prescribe how the inquiry is to be conducted, including whether the Attorney‑General is appointed to lead evidence in the inquiry; and
(e)
direct whether the inquiry or any part of the inquiry is or is not to be held in public.
(3) The President may modify the terms of reference issued under subsection (2) on the recommendation of the commissioners.
(4) The President may extend the time for the inquiry to be completed and for the submission of the report of the inquiry by the commission.
Composition of commission
4.—(1) A commission of inquiry must consist of one or more persons (at least one of whom must be a person who is qualified to be a Judge of the High Court).
(2) Where a commission consists of more than one commissioner, the President must appoint one of the commissioners to be the chairperson.
(3) Where a commission consists of one commissioner only, the commissioner is vested with the powers of the chairperson.
(4) The President may, from time to time, add to the members of any such commission.
(5) The President may appoint a person to replace any commissioner —
(a)
who has died or resigned; or
(b)
whom the President is satisfied —
(i)
is incapacitated by reason of physical or mental disability; or
(ii)
is unwilling, unable or unfit to discharge the functions of a commissioner.
(6) When a new commissioner has been appointed under subsection (4) or (5), it is not necessary for any evidence which may have been taken before the commission prior to such appointment to be retaken.
(7) A commissioner may resign from his or her office at any time by written notice to the President.
(8) Every commissioner appointed under this Part is, so long as he or she is acting as such commissioner, deemed to be a public servant within the meaning of the Penal Code 1871, and every inquiry under this Part is deemed to be a judicial proceeding within the meaning of the Penal Code 1871.
Change of President
5. No commission issued and no appointment made under this Part lapses by reason of, or is otherwise affected by, the death, absence, resignation, retirement or removal of the President who issued the commission or made the appointment.
Appointment of secretary
6. The President may appoint a secretary —
(a)
to attend the sittings of the commission;
(b)
to record their proceedings;
(c)
to keep their papers;
(d)
to summon and record the evidence of witnesses; and
(e)
generally to perform such duties connected with the inquiry as the commissioners may instruct, subject to the directions (if any) of the President.
Appointment of assessors
7.—(1) One or more persons may be appointed as assessors to assist the commissioners.
(2) The power to appoint assessors is exercisable —
(a)
before the appointment of the chairperson, by the President; or
(b)
by the chairperson (whether or not the President has appointed assessors).
(3) The chairperson may at any time terminate the appointment of an assessor, but only with the consent of the President in the case of an assessor appointed by the President.
Role of police
8. The President may direct the Commissioner of Police to detail police officers to attend upon any such commissioners, to preserve order during the proceedings, to serve summonses on witnesses and to provide such other assistance in relation to the inquiry as the commissioners may direct.
