COMMISSIONER FOR ADMINISTRATIVE COMPLAINTS Ord. No. 67/88
PART VI
A401
ļ
SUPPLEMENTARY
18. For the purposes of the law of defamation, absolute privilege shall Privilege be attached to the publication of any matter-
(a) by the Commissioner or his staff to any person for the purpose of investigating a complaint under this Ordinance, or for the purposes of section 16, 17 or 22;
(b) by a Member of the Legislative Council to the Commissioner or his staff, or to a complainant, for any purpose under this Ordinance.
19. An investigation shall not affect any action taken by the head of Duty of head of department affected, or any power or duty of that head of department to department take further action with respect to any decision which is subject to the investigation.
20. (1) For the purposes of this Ordinance, but subject to subsections Power of entry (2) and (3), the Commissioner may at any time-
on premises
(a) enter any premises occupied by a department;
(b) inspect the premises; and
(c) subject to the provisions of sections 13 and 14, carry out in the
premises any investigation which is within his jurisdiction.
(2) Before entering any such premises the Commissioner shall notify the head of the department by which the premises are occupied.
(3) The Governor may from time to time, by notice to the Com- missioner, exclude any specified premises or class of premises from the application of subsection (1) if he is satisfied that prejudice might otherwise be caused to security, defence, or international relations (including relations with any international organization) in respect of Hong Kong.
21. (1) Subject to subsection (2), the Commissioner may, by notice in the Gazette, delegate to any person appointed under section 6 any of his powers under this Ordinance, except the power of delegation in this section and, where it appears to the Commissioner that he has or may have an interest in any matter which is the subject of a complaint under section 7, shall so delegate his powers and shall not undertake personally or continue an investigation into that complaint or report thereon.
(2) Except where the Commissioner is required by subsection (1) to delegate his powers under this Ordinance, any power or duty to make a report under this Ordinance shall not be delegated by him; but where he is so required any duty imposed by this Ordinance on the Commissioner shall be imposed instead on the person to whom the Commissioner's powers under subsection (1) are delegated.
Delegation of powers and
duties of the Commissioner
22. (1) The Commissioner shall not later than the last day of June in Annual each year make a general report to the Governor on the exercise of the report functions of the Commissioner under this Ordinance during the previous year.
Page 75Page 76