The Powers of Commissioners for Oath

This is about the  most exciting part of the Commissioners for Oath Rules, 1993. People will get 'romanticised' over any thing that constitutes power. But with power comes great responsibility.

Do Commissioners for Oath really have powers?

Part V is all about this power of the Commissioners for Oath.

Subject to any limitations expressed in their appointments,Commissioners for Oath may do all or any of the following:

(a) Receive acknowledgements of married woman in all cases where acknowledgements are required by law to be taken before a public officer
(b)Receive acknowledgements or recognizances of bail and bail-bonds.
(c)Administer oaths for

(i)justification of bail
(ii)taking any affidavit or affirmation
(iii)Receive and take the answer,plea,demurrer,disclaimer,allegation or examination of any party or   parties to any action
(iv)the examination of any witnesses upon any interrogation or de bene esse or in chief or on any other occasion
(v)Swearing executors and administrators
(vi)swearing persons in any action,matter or proceeding which is pending or about to be instituted in any court
        (vi)take and receive any statutory declarations

There is this proviso you need to take note.

Commissioners of Oath who are advocates and solicitors cannot exercise the functions specified in paragraphs (a) to (d) in respect of any person who is involved in any court proceedigns represented by such advocate and solicitor or his firm.

Rule 12 list the functions of Commissioners of Oath that are public officers or other persons appointed as Commissioners. They may do all or any of the functions below.

(a) Administer oaths for-
(i) the justification of bail
(ii) taking nay affidavit or affirmation
(iii)swearing executors and administrators
(iv)swearing persons in any action,matter or proceeding which is pending or about to be instituted in any court
(v)take and receive statutory declarations

Again, take note of this proviso.

A public officer or other person who is a Commissioner shall not exercise any of the functions specified in paragraphs (a) and (b) in respect of any document prepared by him.

So, there you have it. It looks more functional than having power,don't you think?

Tenure and Reappointment of a Commissioner for Oath

Let us now focus on Part IV of the Commissioners for Oath Rules,1993. It details the tenure and reappointment of Commissioners for Oath.

Rule 7 stipulated a tenure of not exceeding 2 years for a Commissioners for Oath who is a public officer.

Rule 8 allows a Commissioner for Oath who is an advocate and solicitor or any other non-public officer similar tenure of a duration not exceeding 2 years as well.

So, it looks like Rule 7 is no different from Rule 8.

Now, let us look at the procedural aspects.

Rule 9 (1) stipulates that application for reappointment be made by submitting an application in Form 4. Such application must be made not less than one month before the expiry of the current appointment [Rule 9(2)]. Any application received after that date is rejected.

Whenever required by the LP, an applicant must present himself for an interview by any authorised officer of the court. The officer conducting such interview will submit his report to the CR who then submits his recommendation to the LP [Rule 9(3)].

Rule 10 states that it is up to the discretion of the LP to grant or refuse any application for reappointment. In granting reappointment, the LP may at his discretion impose such conditions and limitations as he deem fit.

Here, do take note of the time you must start applying for a reappointment, the required form to be used and the need to attend an interview if required for consideration of a reappointment.

The Application Process for Commissioner for Oath

Part III of the Commissioners of Oath Rules, 1993 discusses the procedures and conditions of applications to become a Commissioner.

Rule 4 dictates that an applicant need to submit his application in Form 1 furnishing such further information as required by the Lord President (LP).

Subsequently, he shall attend an interview to be conducted by the Chief Registrar (CR)of the Supreme Court or any such officer as approved by the LP. The place and time will be fixed by the CR or such delegated officer.

Except when the applicant is interviewed by the CR, a report must be submitted to the CR by the interviewing officer. The CR will make recommendations to the LP.

The appointment of a commissioner is at the discretion of the LP.

Do take note of the relevant Forms related to appointments. Remember Form 2 is used for public officers and in all other cases-Form 3.

An appointed Commissioner for Oath need to pay an annual appointment or reappointment fee of RM120 or RM10 for a month or part of it.

We will look at the Tenure and Reappointment of a Commissioner for Oath next.

Applying to be A Commissioner for Oath

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.

Sepang F1- The Way We Were

Is Sepang's F1 Circuit biting the dust?

According the the circuit's boss, things just do not look good.

Apparently, the stadium is now shabby because of poor upkeep and high temperature is keeping fans way.

Tickets sales have plunged and it looks like the balmy days are about to be over.

What It Takes to Be A Commissioner of Oath

These days, you have to be versed with the law if you want to be appointed as a Commissioner of Oath.

The law in question is the Commissioners for Oath Rules, 1993.

Apparently, they hold an exam only once a year. If you do pass that examination, then the Office of the Registrar of the High Court will call you for an interview to appraise whether you are good material to be a Commisioner of Oath.

The examination can be in objective form or subjective form. In 2009, it was in a MCQ format. However, in 2010, they changed the format to a subjective form.

Let us take a closer look at the Commissioners for Oath Rules, 1993.

 It is also known as [P.U.(A) 71/1993].

The Rules are arranged into 12 Parts. These are:

Part I : Preliminary -

1. Citation and Commencement

Part II:  Qualifications for Commissioners of Oath

2. Qualification
3. Eligible persons

Part III:  Application and Appointment as Commissioner of Oath

4. Application
5. Appointment
6. Fee

 Part IV:  Tenure and appointment

7. Appointment of Public Officer
8. Appointment of of Other persons

9. Application for reappointment
10. Reappointment

Part V: Powers of Commissioners for Oath

11. Advocate and solicitor
12. Public Officer or other person

Part VI: Conduct and Duties of Commissioners for Oath

13. Conduct and duties of  Commissioners for Oath
14. Maintenance of Register
15. Notice of Change of Address
16. Letter of Appointment etc to be displayed
17. Power of Inspection

Part VIII: Revocation of Appointment

18. Revocation

Part IX: Seal and Identification Number

19. Seal and Identification number
20. Proof of oath

Part X: Fees

21. Fees to be levied

Part XI: Penalty

22. Penalty

Part XII: Miscellaneous

23. Form
24.Saving

25. Repaeal

Schedule

There are 10 Forms along with the Rules and candidates will also be tested on what the forms are and their purposes.

We will go into some brief study of the rules in the next posting.