He is Right,You Know.....

Dr Mahathir said mastering English is crucial if Malaysian students want to excel. He is right, you know...

Mastering the English language will not make one less patriotic as English is currently the language of knowledge, says former Malaysian prime minister Mahathir Mohamad.

“This is the reality that we have to face if we want to understand Science and Mathematics for the betterment of our lives, and to build the nation towards becoming a developed nation, we have to understand foreign languages.

“If today, we decide to learn Science and Mathematics in English, it does not mean we are less patriotic,” he said .

“Both Science and Mathematics are not static subjects but expanded through time with numerous research and inventions, producing hundreds of research papers which are all in English.

 “Without the ability to translate all this new knowledge, the Malays will be left behind in some of the most important fields,” Mahathir said.

He said those who understood the subjects and could translate them would not be interested to be translators their entire life, adding science would still progress after their deaths and newer works would need translation.

“Mastering English is very important, and those who don’t understand English would lose out in terms of new scientific findings.”

Mahathir felt that a language of a people was only learned by foreigners if the former had progressed and were known for their knowledge and research, citing the Europeans in the 15th century having to learn Arabic as the Muslim civilisation then was vast and well respected.

Sadly, in 2010, the government announced that it would revert to the teaching of the two subjects in the Malay language in national schools and the students’ mother tongue (Mandarin or Tamil) in national-type Chinese and Tamil schools from 2011 following the abolishment of the policy of teaching and learning Science and Mathematics in English (PPSMI).

The government also then announced the strategy of upholding the Malay language and strengthening the command of English in schools.

I wonder whether we are going back to the same mistakes when the standard of English went down the chute after nationalism took the driver's seat; way, way before  Mahathir reverted the teaching of Science and Maths to English.

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.

The Duties and Conduct of a Commissioner for Oath

Being a Commissioner of Oath is no easy matter. There is discipline and decorum to follow. Duties must be conducted in a manner as predetermined by Part VI of the Commissioners for Oath Rules, 1993.

Rule 13  lists out the procedural duties of a Commissioner. Rule 13(1) stipulates the manner in which he should wear his identification tag. It should be placed at the top left shirt pocket as described in Form 5.

On the right hand side of the tag is the Malaysian crest and the name of the Commissioner must be clearly be spelt out with the designated words, PESURUHJAYA SUMPAH, below the name of the Commissioner. Underneath these words, you need to display your identification number. The crest should be 2 1/2 cm vertically and 21/2 cm horizontally. As for the name and designation, the length should not be more than 8 cm and the breadth should be 21/2 cm. The full length of the tag cannot be longer than 10 1/2 cm.

Rule 13(2) explains the process on how a Commissioner of Oath ought to provide service to a client. The process to follow is:

(a) Firstly, verify the identity through the particulars in his or her identity card or passport. Look at the address of the person seeking your service to make a declaration, affirmation,affidavit,oath or statement in front of you.
(b)You have also to read and explain the contents of the documents and exhibits attached to the documentation to the deponent or maker of the document when the deponent is illiterate,blind or does not understand the language in which the document is written in. Certify it only when he has understand it in the jurat.

So who is a deponent?  He is the person testifying (stating answers in response to questions) at a deposition.

What is a jurat? This refers to a certificate of an officer that a written instrument was sworn to by the individual who signed it. It is derived from the Latin word, jurare, meaning ' to swear'.

It is proof that an oath was taken before an administering officer such as a Commissioner for Oath or a notary public. In an  affidavit, a jurat is the clause at the end of the document stating the date, place, and name of the person before whom it was sworn.

As warranted by Rule 13(c), every Commissioner must initial any alteration made in the document to be sworn or affirmed.

Rule 13(d) cautions that a Commissioner cannot affix his seal to any document unless the deponent or maker of the document signs or affixes his thumbprint thereto before him.

Rule 13(e) advises a Commissioner to refuse the services of his office if he has cause to suspect that the person engaging his service is doing so deceptively,fraudulently or under duress; or any other illegal conduct.

Rule 13(f) stipulates that a commissioner must carry out the functions of his office in a prompt, reasonable and business-like manner

Rule 13(g) requires a Commissioner to make himself available to conduct all functions at his offcie at regualr and reasonable hours.

The jurat  will have these words in  a 6 cm and 10 cm box.These words should be in it.

"Read over and explained to ...........................in ..........................(language) by:..............................
Name: ......................................
Office:......................................

.................................
Commissioner of Oath

The jurat may also be typed onto the document.

So,if you want to become a Commissioner for Oaths, watch out for these procedural issues! They can be dicey.....

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.