Enclosure 2
A BILL
ENTITLED
An Ordinance to enable the Governor of Hong-kong to appoint Commissions under the seal of the Colony and to confer certain powers on Commissioners so appointed necessary for conducting Inquiries.
BE it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:
1. This Ordinance may be cited for all purposes as "The Commissioners Powers Ordinance 188...".
2. The Governor in Council shall have power to nominate and appoint Commissioners under the seal of the Colony for the purpose of instituting, making, and conducting any Inquiry that may be deemed advisable or necessary and for reporting thereon; and also to appoint a Secretary or Clerk to such Commissioners at such salary or remuneration as he may think fit; and in case of any vacancy occurring in the office of any Commissioner, Secretary, or Clerk so appointed by reason of such Commissioner, Secretary, or Clerk dying, resigning, declining, or being or becoming incapable to act, from time to time in like manner to fill up such vacancy.
3. All Commissioners so appointed as aforesaid, shall, if the Governor in Council deem it necessary or expedient, and provided that the Commission, under which they are appointed, so direct, have all or any of the powers, rights, and privileges following, that is to say:--
(1) All such powers as are now or may hereafter be vested in the Supreme Court of the Colony or in any Judge for the time being thereof on the occasion of any action or suit in respect of the following matters:
(a) The enforcing the attendance of witnesses and examining them on oath, affirmation, or otherwise, as they or he may think fit.
(b) The compelling the production of documents.
(c) The punishing persons guilty of contempt.
(d) The ordering an inspection of any property.
And in such cases, a summons under the hand of the Chairman or presiding Member of any such Commission, as aforesaid, countersigned by the Secretary or Clerk to such Commission (if any), may be substituted for and shall be equivalent to any form of process capable of being issued in any action or suit for enforcing the attendance of witnesses, or compelling the production of documents; and any warrant of committal to prison issued for the purpose of enforcing any such powers as aforesaid shall be under the hand of the Chairman or presiding Member of any such Commission as aforesaid, countersigned by the Secretary or Clerk as aforesaid (if any), and shall not authorise the imprisonment of any offender for a period exceeding three months.
(2) The power for the purposes of their Commission to enter and view any premises.
(3) The right to conduct every examination of witnesses as aforesaid, either in public or private, as their Commission may direct; provided that if such examination be conducted in public, due notice shall be given of the time and place of holding the same, but with power to the Commissioners to adjourn any meeting from time to time and from one place to another.
4. If in the opinion of the Governor in Council the special circumstances of any inquiry render it necessary or expedient, and provided the Commission, under which the Commissioners are appointed, so direct, any person examined as a witness in any Inquiry as aforesaid, who in the opinion of the Commissioners, makes a full and true disclosure touching all the matters in respect of which he is examined, shall receive a certificate under the hand of the Chairman or presiding member of such Commission, countersigned by the Secretary or Clerk (if any), stating that the witness has upon his examination made a full and true disclosure as aforesaid; and if any civil or criminal proceeding be at any time thereafter instituted against such witness in respect of any matter touching which he has been so examined, the...
C. O.
14133
REGS 9 AUG 36,
Short Title
Power to Governor to appoint Commissions.
Power to fill Vacancies [53 and 54 V. c. 193, s. 3]
Powers of Commissioners appointed by The Governor, Ibid. s. 6.
Indemnity to witness [Ibid. s. 7]