- 10
- 1 x
section 16:
1t modifies both precedent and practice by imposing an obligation on witnesses to answer self-incriminating questions but expressly providing for the incriminating evidence to be inadmissible in subsequent proceedings. Erskine May (pp. 746, 747) states
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"A witness is however, bound to answer all questions which the committee sees fit to put him, and cannot excuse himself, for example, on the ground that he may thereby subject himself to a civil action, or because he has taken an oath not to disclose the matter about which he is required to testify, or because the matter was a privileged communication to him, as where a solicitor is called upon to disclose the secrets of his client; or on the ground that he is advised by counsel that he cannot do so without incurring the risk of incriminating himself or exposing himself to a civil suit, or that it would prejudice him as defendant in litigation which is pending, some of which would be sufficient grounds of excuse in a court of law. Nor can a witness refuse to produce documents in his possession on the ground that, though in his possession, they are under the control of a client who has given him instructions not to disclose them without his express authority."
Part IV of the Ordinance is made up as follows
14.
section 17:
lt sets out the classic instances of contempt, or breaches of privileges, punishable by Parliament.
The section makes it an offence to disobey Council orders respecting the attendance of witnesses and giving evidence, or to interrupt the proceedings of the Council or a committee. Erskine May (pp. 71, 747) states -
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"When any of these rights and immunities, both of the Members, individually, and of the assembly in its collective capacity, which are known by the general name of privileges, are disregarded or attacked by any individual or authority, the offence is called a breach of privilege, and is punishable under the law of Parliament. Each House also claims the right to punish actions, which, while not breaches of any specific privilege, are offences against its authority or dignity, such as disobedience to its legitimate commands or libels upon itself, its officers or its Members. Such actions, though often called 'breaches of privilege', are more properly distinguished as 'contempts
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