1220
LEGISLATIVE COUNCIL.
Draft Bill.
No. S. 486.-The following bill is published for general information :-
(C.S.O. 4317/32.)
[No. 29-20.12.33.-2.]
Short title.
Substitution for Ordin- ance No. 13 of 1886, #. 4.
Proceedings arising from
of witnesses.
A BILI
INTITULED
An Ordinance to amend the Commissioners Powers Ordinance,
1886.
Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-
1. This Ordinance may be cited as the Commissioners Powers Amendment Ordinance, 1934.
2. The Commissioners Powers Ordinance, 1886, is amended by the repeal of section 4 and by the substitution of the following section.
4.—(1) No action of any description other than criminal examination proceedings shall be maintained against any person examined at any inquiry authorised by this Ordinance, in respect of any statement made or document produced by him, merely by reason of his making the statement or producing the document at the inquiry.
New section 6 to Ordinance No. 13 of 1886.
Appearance
of counsel, etc.
(2) No prosecution in respect of any statement made or document produced at any such inquiry shall be commenced without the sanction of the Attorney General.
3. The Commissioners Powers Ordinance, 1886, is amended by the insertion of the following section immediately after section 5.--
6. Any person whose conduct is the subject of inquiry under this Ordinance, or who is in any way implicated or concerned in the matter under inquiry shall be entitled to be represented by counsel or a solicitor at the whole of the inquiry, and any other person who may consider it desirable that he should be so represented may, by leave of the commissioners, be represented in the manner aforesaid.
Objects and Reasons.
1. Section 2 of this Ordinance substitutes for section 4 of the principal Ordinance a new section the object of which is to encourage witnesses to make a full disclosure, and which in this respect follows in principle the old section which it replaces.