DEPRIVATION OF MALTESE CITIZENSHIP (COMMITTEE OF INQUIRY) RULES (committeeofinquiry)

SUBSIDIARY LEGISLATION 188.02

DEPRIVATION OF MALTESE CITIZENSHIP

(COMMITTEE OF INQUIRY) RULES

5th April, 1991

LEGAL NOTICE 40 of 1991.

The title of these Rules is Deprivation of Maltese

Citizenship (Committee of Inquiry) Rules.

(Rule 3)

Form A

MALTESE CITIZENSHIP ACT

INQUIRY INTO AN ORDER OF DEPRIVATION OF

MALTESE CITIZENSHIP

Name and address of aggrieved person: .................................................................

To the Secretary,

Committee of Inquiry.

The aggrieved person respectfully sheweth

That by Notice dated the ..............................................................................

issued by the Minister responsible for matters relating to Maltese citizenship,

the aggrieved person has been informed that .........................................................

That, in the submission of the aggrieved person, the said grounds are not valid for

the following reasons

Wherefore the aggrieved person prays that the aforesaid Notice be revoked.

Signature of the

aggrieved person.

Filed by ........................................ on the .......................................

Signature of the Secretary

of the Committee of Inquiry

Form B

(Rule 4)

MALTESE CITIZENSHIP ACT

FORM OF OATH TO BE TAKEN BY THE CHAIRMAN

OR A MEMBER OF THE COMMITTEE OF INQUIRY

I, ............................................................................... having been appointed to be

Chairman/Member of the Committee of Inquiry to investigate Notices of Orders of

Deprivation of Maltese Citizenship, for the period .............................................. to

..............................................., do swear/solemnly affirm that I will faithfully, fully,

impartially and to the best of my ability discharge the trust and perform the duties

devolving upon me by virtue of the said appointment.

So help me God.

Chairman/Member

Form C

(Rule 7)

MALTESE CITIZENSHIP ACT

SUMMONS TO WITNESSES

To ...................................................... (name of person summoned and residence)

You are hereby summoned to appear before ...........................................................

at the Courts of Justice, Valletta, on ..........................................................................

(date and time) and to give evidence respecting ........................................................

(the matter of the inquiry).

Given under my hand this ..................... day of ................................

(Signature of Chairman)

Form D

(Rule 9)

MALTESE CITIZENSHIP ACT

NOTICE OF THE DAY AND THE TIME FOR THE HEARING BY THE

COMMITTEE OF INQUIRY

To

The Committee of Inquiry will hear on ..................................................................

the ......................................................... at ...................................... the case

entered by ................................................ in respect of ............................................

................................................................................(the matter of the inquiry).

Date ...................................

Chairman of the Committee

of Inquiry

Secretary of the Committee

of Inquiry

.

(1) The Committee of Inquiry, hereinafter in these Rules to

be called "the Committee", shall be composed of -

(a) a Chairman to be appointed by the Minister

responsible for matters relating to Maltese citizenship

from among the Judges of the Superior Courts or

persons who have held the office of Judge of the

Superior Courts;

(b) two members appointed by the said Minister, one of

whom shall be a public officer, and the other a person

who is or has been qualified to be appointed

Magistrate in Malta.

(2) The Chairman and the appointed members of the

Committee shall hold office for a term of three years and under

such conditions as may be set out in their letter of appointment.

(3) The Chairman and the other members of the Committee

shall, on the expiration of the term of their office, be eligible to be

reappointed.

(4) When any vacancy in the Committee occurs, the Minister

responsible for matters relating to Maltese citizenship shall, as

soon as practicable, appoint another person to fill the vacancy.

(5) A member of the Committee may be removed from office

by the Prime Minister, but such member may be removed only for

proved inability to discharge the functions of his office (whether

arising from infirmity of mind or body or any other cause) or for

misbehaviour.

(6) Save as otherwise expressly provided by these Rules, the

Committee may make its own rules and otherwise regulate its own

procedure.

(1) The Committee shall be convened by the Chairman as

from time to time required.

(2) The Committee shall inquire into any case referred to it by

the Minister responsible for matters relating to Maltese citizenship

after an application for an inquiry is made by an aggrieved person

in the Form A set out in the Schedule.

(1) The Chairman and the members of the Committee

shall, before entering upon those duties, take and subscribe an oath

in the Form B set out in the Schedule.

(2) Such oath shall be taken before, and shall be deposited

with, the Attorney General.

(1) The Chairman and any member of the Committee may

abstain from sitting or may be challenged for any of the causes

mentioned in article 734 of the Code of Organization and Civil

Procedure.

(2) Any question regarding a cause of abstention or challenge,

and any question regarding procedure, shall be decided by the

Chairman of the Committee.

(1) The Minister responsible for matters relating to

Maltese citizenship shall appoint a Secretary to the Committee and

such other officers as may be necessary from time to time and shall

determine their duties.

(2) The Secretary of the Committee shall have, mutatis

mutandis, all such powers and duties as are by the Code of

Organization and Civil Procedure vested in or imposed on the

Registrar of the Superior Courts.

(1) The Committee shall, unless otherwise provided under

these Rules, have all the powers as are by the Inquiries Act enjoyed

by a board appointed under that Act.

(2) Summonses for attendance of witnesses shall be in the

Form C set out in the Schedule, and shall be signed by the

Chairman or Secretary of the Committee.

The Committee shall hold its sittings in one of the halls of

the Courts of Justice in Valletta.

(2) The Expatriates and Nationality Division of the Office of

the Prime Minister shall be the Registry of the Committee, and

therein shall be deposited and kept the records of the Committee, as

well as any written communication or submission to be filed with

the Secretary thereof.

(1) Any notice, warrant or order issued by the Committee

shall be signed by the Chairm an and counter-signed by the

Secretary.

(2) The Committee may, at any time, allow any amendment to

be made in the application for the purpose of making it clearer.

(3) Notice of the day and time appointed for the hearing of the

inquiry shall be given to the aggrieved person in the Form D set out

in the Schedule.

(4) The aggrieved person may be assisted during the hearing of

the inquiry by a legal practitioner.

(1) Save as otherwise provided in these Rules, the

decisions of the Committee shall be taken by a majority vote.

(2) The decisions of the Committee shall be in writing and

shall be signed by the Chairman and by the Secretary, and the

original shall be kept by the Secretary of the Committee together

with the complete record of the proceedings of each inquiry.