Ammodata: ot section 5.
Addition of
assion 77..
2
(i) if the Commission is satisfied that such body bas. or has had, an association with any other public body or body of persons, corporale or unincorporate, which is or may be relevant to the subject of the Commission's inquiry, to inspect all the books and documents of or relating to the affairs of such other body,
and to report thereon to the Commission in such manner and within such period or further period as the Commis- sion may direct; and":
(c) being re-numbered as subsection (1) thereof; and (d) adding after subsection (1) the following new subsections-
"(2) Without prejudice to the powers conferred on a Commission by subsection (1)ma), where the Commission consists of one Commissioner he may himself, and where the Commission consists of more than one Commissioner one or more of the Commissioners, salected by the Commis sion may, subject to subsection (3), inspect the books and documents referred to in subsection (1)(ma), and in so doing he or they shall, for the purposes of this Ordinance, bë deemed to have been duly appointed an inspector or in- spectors, as the case may be, under subsection (1)ma).
(3) The power to appoint an Inspector or inspectors under subsection (1), and the powers conferred by subsec- tion (2), shall not be exercised by a Commission or Com missioner without the consent of the Governor in Council. and in giving such consent the Governor in Council may limit the power of inspection to inspection only of the books and documents referred to in subsection (1)(mo))) or, where consent given in relation to the inspection of books and documents referred to in subsection (1)ma)(ii), may limit the power of inspection to inspection only of the books and documents of or relating to the affairs of a particular public body or other body of persons, corporate or unincorporate.".
Section 5 of the principal Ordinance is amended by deleting "4" and substituting the following-
**417.
4.
5. The principal Ordinance is amended by inserting after section 7 the following new section-
"Prodacdon
of documenES, and evidence, I Comme "low"
Inupercorn.
7A. (1) It shall be the duty of all officers and agents of a public body or other body of persons to produce to an inspector appointed under section 4(1)(ma) to inspect its books and documents, all books and documents in their custody or power of or relating to such body's affairs or the affairs of any other body of persons the books and documents of which the inspector is appointed under section 401(a) to inspect, and otherwise to give to the inspector all assistance that they are reasonably able to give.
(2) In this section, any reference to officers or to agentu of a public body or other body of persons shall include past, as well as present, officers or agents, as the case may be, and for the purposes of this section "agents" shall include the bankers and solicitors of such body and any person employed by such body as auditor, whether such person is or is not an officer of such body.".
6.
3
Section 8(1) of the principal Ordinance is amended by inserting Amendment of alter paragraph (c) the following new paragraph—
"(ca) being an officer or agent of a public body or olber body of
persons within the meaning of section 7A-
(1) after the appointment of a Commission and with intent to avoid of prevent production, destroys, supprcases, defaces or makes away with any book or document that it would be his duty to produce to an laspector in the event of an inspector being appointed under section 4(1)(ma), or
(i) refuses, without lawful authority or reasonable excuse, to produce any such book or document to an inspector so appointed, or
(iii) refuses, without lawful authority or reasonable excuse, to answer any question put to bim by an inspector so appointed with respect to the affairs of such body or any other body the books and documents of which the inspector has been appointed to inspect;",
pecting 1.
7. Section 12 of the principal Ordinance is amended by adding after Amendment of subsection (2) the following new subsection-
1976.
(3) A legal officer, barrister or solicitor sppearing before a Com- mission, whether as counsel for the Commission or otherwise under or by virtue of section 6, shall be cotitled to the same imavnities as if he were appearing for a party in proceedings before the High Court.".
Passed by the Hong Kong Legislative Council this 7th day of July,
A
Clerk to the Legislative Council.
This printed impression has been carefully compared by me with the bill, and is found by me to be a true and carrectly printed copy of the said bILL,
A
Clerk to the Legislative Council.
section 12.