Expect A Surprise Visit from Officers of the High Court

Yes, expect a unannounced surprise call at your office from an officer of the court from time to time.

This is provided for under Part VII of the Commissioners for Oath Rules,1993.

Let us study this Part and be familiar with it  This Part touches on the maintenance of a register recording your services,the notice of a change in address.displaying the letter of appointment and the power of inspection by the High Court.

First, let us look at what is this register.

Rule 14 (1) states that a Commissioner shall maintain a register wherein is recorded all the particulars of the services he has rendered. This will include all affirmations,declarations,acknowledgments,affidavits and other instruments upon which a Commissioner has placed his seal. A sample of a page of a register is shown in Form 7. The heading should read:

Courts of Judicature Act, 1964
Commissioners for Oath Rules 1993(Rule14)
Register to be maintained by a |Commissioner for Oath

It has six columns and has are ruled across under the headings.

Let us study what is written in the column heads. The first column is for entry dates. The second column is for the person who require your service to write his or her name and their identity card numbers. Then we have the third column stating the nature of document,affidavit,statutory declaration and others. In the fourth column, you would have to write the number of exhibits that is involved. The fifth column records the fees charged in Malaysian ringgits and sen. Finally, all recipients of services must sign their names in the sixth column.

And where must this register be kept? It must be kept at hte place of business of the commissioner during business hours.(Rule14(2).

According to Rule 14(3), a Commissioner for Oath must submit that register to the Lord president before the first day of February of each year and shall make it available to the Lord President at any time upon his request.

Rule 15 is very strict. It states in no uncertain terms that no Commissioner can change his place of business without the prior approval in writing of the lord President.

Rule 16 instructs a Commissioner who is not a public officer on the manner of displaying his letter of appointment. It must be placed in a place which is visible in his office. He must  do the following:

(a) use a photostat of the letter of the appointment for display
(b)display the text of Rule 11 or Rule 12 whichever is relevant to him or her as a Commissioner
(c)put a sign not exceeding 40 cm by 50 cm in sizer to indicate a Commissioner for Oath is available at the location.

The powers to conduct surprise visit on any Commissioner for Oath is provided for under Rule 17.

Rule 17(1) states that the Registrar of the High court, any Deputy Registrar, the Senior Assistant Registrar of the Supreme court or of the High Court authorised by the Lord President may inspect hte register kept by the Commissioer during business hours of the commissioner and shall sign the register showing the date and time of such inspection.

Rule 17(2) spells out that after conducting such investigations under sub-rule (1),the officer shall submit to the Chief Registrar of the Supreme Court a report in Form 8 within one week of conducting such investigation.

Let us look at Form 8. This form has been formatted under Rule 17(2).

The heading the report reads," REPORT OF INSPECTION"

The body of hte letter reads as follows:

To:

The Chief Registrar,
supreme court,
Malaysia

On .............................at...................I inspected the register kept by Commissioner of Oath Encik/Cik/Puan .....................................................Identification No. .....................................at his/her business address No...................................................................................................

In the course of the inspection, I observed him/her conducting his/her business and I find that-

(a)he/she has complied with the Commissioners for Oath Rules 1993;

or

(b)he/she has committed breaches of the following rules:

(i)......................................................................................
(ii).....................................................................................
(iii)....................................................................................
(The reporting officer may give details,if necessary).

Date:...........................  
..............................................
Registrar,Deputy Registrar,Senior Assistant Registrar

So, the visits are the checks and balance.