The following powers are available:
F
G
(a)
to grant the request; or
(b)
(c)
(d)
(e)
to refuse the request and allow matters to take their course;
Before recommending the exercise of one of the above powers Members will wish to know that CAPO has recently completed a comprehensive report which deals, inter alia, with the methods of operation of the SIU.
to direct the Commission under section 3(a) of the Ordinance to conduct all further hearings is camera;
This power is dealt with comprehensively in the paper at Annex D which strongly favours the exercise of the power for two primary reasons namely (i) to protect innocent persons whose reputations are suffering needlessly in public and (ii) to expedite completion of the proceedings. This course of action if taken, will not affect the purpose of the Commission which is to produce a Report to the Governor.
to
clarify or limit the present terms of reference under section 3 by specifying the particular areas into which the Governor in Council had intended the Commissioner to enquire and to state that all other matters are outside the terms of reference.
This option is dealt with in the paper produced as Annex F which concludes, however, that such action may, in fact, have little practical effect. One difficulty is that it may be unacceptable to alter the terms of reference in any significant way as, for example, along the lines of the draft terms set out in the paper at Annex G which is provided nevertheless for Members' consideration.
to direct the Commissioner under section 3(a) to render his personal report by a specified date.
This option is dealt with in the paper produced. at Annex D. The date could be fixed after consultation with the Commissioner.
Members are advised that the Governor has recently discussed the legal implications of the exercise of the above
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