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Clause 14 gives the Commissioner a discretion not to investigate,
or continue to investigate, complaints where an adequate remedy oxists,
whero he thinks it unnecessary, or if ho thinks the complaint trivial or
frivolous or where the complainant has an insufficient personal interest.
By clause 15, a complainant must be told of a decision not to
investigate a complaint and of the reasons for this. A complaint may be
mado by the personal representative, a relative or other suitable person as
well as the porson aggrieved himself. A complainant must be resident in
Hong Kong, or the complaint must have arisen here, or in a ship or plane
registered in the Colony. A person who has been deported may be allowed to
return for the purposes of an investigation.
Part V sets out the procedure to be followed in an investigation.
By clause 16 it is to be held in private and there is no right of audience
for solicitor or counsel, since the object is to keep investigations.cs
informal as possible. The head of the department concerned in an investigation
must be informed and the Commissioner may, or may not, in his discretion,
hold a hearing. Nobody has a right to be heard, except a person whom the
Commissioner thinks he may criticize in his report. Subjecttto rules under
clause 11, the Commissioner may fix his own procedure.
Clause 17 empowers the Commissioner to require information and
documents to be produced to him. He may summon complainants and officers
of departments as witnesses and examine them on oath; he may also do this
in relation to other persons, with the Attorney General's approval. It is
provided in clause 17(4) that a person who is prohibited by law (other than
the Official Secrets Acts) from disclosing any information (e.g. officers
of the Inland Revenue Department) may not make such a disclosure to the
Commissioner, save (clause 17(5)) in relation only to the complainant.
Clause 18 gives witnesses the same protection and expenses as
witnesses in a civil action in the Supreme Court. Except on a trial for
perjury committed while giving evidence under the Ordinance, no evidence
given in the course of any investigation under the Ordinance is admissible
in any court or other proceedings.
Clauso 19 allows the Attorney General to certify that tho giving