The Commissioners for Oath Rules is made by the Lord President under the powers conferred to him by section 11(2) of the courts of Judicature Act, 1964.
Part I represents the Preliminary embodying Citation and commencement as well as the short title of the rules to be known as the Commissioners for Oaths Rules 1993. The rules came into force on 1 April 1993.
Let us Look at Part II. This Part discusses the qualifications for Commissioners for Oath.
So who can become Commissioners for Oath?
Rule 2 predetermines who can be appointed. The following are the conditions.
(a) He must be a Malaysiian citizen.
(b)He must attain the age of 21 but not 65 years.
(c)He must be a person of good character.
(d)He must be fluent in Bahasa Malaysia.
(e)He must be physically and mentally healthy.
(f) He is not convicted in Malaysia or elsewhere for offences indicating fraud, dishonesty or moral turpitude
(g) He is not a bankrupt.
So, given the above, who is then legible to apply and be appointed a Commissioner for Oath?
The following can apply.
(a) An advocate and solicitor of the High Court in Malaya or of hte High court of Borneo who has practised for 7 years.
(b) a public offcier confirmed in his appointment
(c) a perso nwho possesses a minimum qualification of SPM or its equivalent and who, from his past experience as a public officer or otherwise, is deemed a fit and proper person to be appointed.
Ther Lord President may in his discretion modify the requirement of rule 2(b), and for appl;icants from Sabah and Sarawak consider his application notwithstanding the provision of 2(d)
Do take note that rule 2(b) refers to the age criteria and rule 2(d) on the command of Bahasa Malaysia.
So, that my friend, are those who can apply to be appointed a Commissioner for Oath.