§78-9  Failure to appear or testify,termination of employment.  If any person subject to sections 78-8 to78-11, after lawful notice or process, wilfully refuses or fails to appearbefore any court or judge, any legislative committee, or any officer, board, orcommission, or having appeared refuses to testify or to answer any questionregarding (1) the government, property or affairs of the State or of anypolitical subdivision thereof, or (2) the person's qualifications for publicoffice or employment, or (3) the qualifications of any officer or employee ofthe State or any political subdivision thereof, on the ground that the person'sanswer would tend to incriminate the person, or refuses to testify or to answerany such question without right, the person's term or tenure of office oremployment shall terminate and the office or employment shall be vacant, andthe person shall not be eligible to election or appointment to any office oremployment under the State or any political subdivision thereof.  To the extentthat the State is without authority to require, under the constitution or lawsof the United States, compliance by any public officer or public employeeherewith, sections 78-8 to 78-11 shall not apply to the officer or employee,but the sections shall apply to the extent that they or any part thereof canlawfully be made applicable. [L 1951, c 177, §2; RL 1955, §5-4; HRS §78-9; gench 1985; am L 2001, c 83, §3]