A
+
C130
Objection to answer question or produce papers.
Privileges of witnesses.
Questions relating to evidence and production of documents before the Council or committee to be determined in accordance with former usage of the Council.
Certificate issued
to a witness
making full
disclosure to be
a bar to civil
or criminal proceedings.
LEGISLATIVE COUNCIL (POWERS AND PRIVILEGES) BILL
(6) The Governor may, by order in the Gazette, prescribe a form of warrant for the purposes of this section.
13. (1) Subject to section 14, where any person ordered to attend to give evidence or to produce any paper, book, record or document before the Council refuses to answer any question that may be put to him or to produce any such paper, book, record or document on the ground that the same is of a private nature and does not affect the subject of inquiry, the President may excuse the answering of such question or the production of such paper, book, record or document, or may order the answering or production thereof.
(2) Subject to section 14, where any person ordered to attend to give evidence or to produce any paper, book, record or document before any committee refuses to answer any question that may be put to him or to produce any such paper, book, record or document on the ground that the same is of a private nature and does not affect the subject of inquiry, the chairman of the committee may report such refusal to the President with the reasons therefor; and the President may thereupon excuse the answering of such question or the production of such paper, book, record or document or may order the answering or production thereof.
14. (1) Every person ordered to attend to give evidence or to produce any paper, book, record or document before the Council or a committee shall be entitled, in respect of such evidence or the disclosure of any communication or the production of any such paper, book, record or document, to the same right or privilege as before a court of law.
(2) No person, other than a public officer acting with the consent of the Governor, shall before the Council or a committee—
(a) give any evidence; or
(b) produce any paper, book, record or document,
relating to the correspondence of any naval, military or air force matter or any matter relating to the security of Hong Kong or the responsibilities of Her Majesty's Government in relation to Hong Kong, nor shall secondary evidence be received by or produced before the Council or a committee of the contents of any such paper, book, record or document.
15. Where at any time any question arises in the Council or a committee in regard to→
(a) the right or power of the Council or a committee to hear, admit or receive
oral evidence; or
(b) the right or power of the Council or a committee to peruse or examine any paper, book, record or document or to order, direct or call upon any person to produce any paper, book, record or document before the Council or committee; or
(c) the right or privilege of any person (including a member of the Council or committee) to refuse to produce any paper, book, record or document or to lay any paper, book, record or document before the Council or committee, that question shall, subject to this Ordinance and except in so far as express provision is made therein for the determination of that question, be determined in accordance with the usage and practice of the Council which applied prior to the commencement of this Ordinance.
16. (1) Every witness before the Council or a committee who answers fully and faithfully any question or questions put to him by the Council or such committee to its satisfaction shall be entitled to a certificate, signed by the Clerk or chairman of the committee, as the case may be, stating that such witness was on his examination so required to answer and did answer such question or questions.
(2) On production of such certificate to a court, the court shall stay any proceedings before the court whether civil or criminal, except proceedings in respect of a charge under section 32 (which relates to false statements on oath made otherwise than in a judicial proceeding) or section 36 (which relates to false statutory