5
Conduct of inquiry,
Right to representa- tion.
Use of
Evidence la civil and criminal proceedings. (Cap. 214).
(*) enter and inspect any premises:
() issue warrants for the searching of premises and the seizure therein of any article or document or any class of articles or documents specified in the warrant (as being likely to be of evidential value for the purposes of the inquiry):
(o) determine the procedure to be followed at the inquiry and the form of any summons, warrant, or other document made or issued by the Commission; and
(n) exercise such other powers as may be necessary for the
purposes of the inquiry.
5.
Without derogating from the generality of the power conferred under paragraph (m) of section 4 the Commission may-
(a) order the manner in which any person shall give his oral evidence and may specify that this shall be by way of cross- examination without any examination-in-chief, and
(6) determine who may address the Commission, on what matters
and in what order.
6. (1) Any person whose conduct is the subject of an inquiry, or who is implicated or concerned in the subject matter of the inquiry, shall, subject to the provisions of section 4, be entitled to be represented by a barrister or solicitor at the inquiry.
(2) For the purpose of subsection (1), the Commission shall deter- mine whether the conduct of any person is the subject of the inquiry or whether a person is in any way implicated or concerned in the subject matter of the inquiry.
(3) The Governor, any Government department and any public officer shall, notwithstanding the provisions of subsections (1) and (2) but subject to the provisions of section 4, be entitled to be represented at the inquiry by a legal officer, or by a barrister or solicitor who may- (a) address the Commission on any matter on which he is so instructed by the Colonial Secretary or by the Attorney General, and
(b) produce evidence in such form as the Commission may permit
on any matter.
(4) The Commission may appoint a legal officer nominated by the Attorney General, a barrister or a solicitor to act as Counsel for the Commission.
7.
Evidence given by any person before the Commission shall not be admissible against him in any civil or criminal proceedings by or against him, except where he is charged with any offence under the Perjury Ordinance or is proceeded against under section 8 or 9.
8. (1) Any person who—
(a) fails without reasonable excuse to attend at the time and place
specified in a summons issued under section 4;
(b) refuses to take an oath or make an affirmation on being
required to do so under section 4;
(c) refuses to answer any question put by or with the consent of the Commission or to produce any article or document in bis possession or under his control on being required to do so under section 4;
(d) wilfully interrupts the proceedings of the Commission or other- wise misbehaves during any hearing of the Commission;
(e) having been summoned to attend, leaves the place in which a Comunission is being held without the permission of the Commission,
shall be guilty of an offence and liable on summary conviction to a fine of one thousand dollars and to imprisonment for three months.
(2) Any person who-
(a) wilfully hinders or deters any person from attending, giving
evidence of producing any article or document;
(b) threatens, insults or causes any loss to be suffered by any person who has attended before the Commission, on account of such attendance;
(c) threatens, insults or causes a loss to be suffered by any Com- missioner at any time on account of the performance of his duties as a Commissioner;
(d) publishes or otherwise discloses any material which the Com- mission bad prohibited him from publishing or disclosing:
(e) publishes or otherwise discloses any material received by the
Commission in camera,
shall be guilty of an offence and liable on conviction upon indictment to a fine of ten thousand dollars and to imprisonment for one year.
(3) It shall be a good defence in the case of a prosecution under paragraph (e) of subsection (2) for the person charged to prove to the salisfaction of the court that he did not know nor had any reason for knowing that the material published or disclosed had been received by the Commission in camera.
Contempts to be offences.
9. (1) The Commission may, if so empowered under section 3, Contempts deal summarily as a contempt with any offence specified in section 8 dealt with which is committed in its presence, and may impose the sentence prescribed by that section.
by Commis-
5:00.