FRIDAY, JUNE 11, 1976
AMENDMENTS TO COMMISSIONS OF INQUIRY ORDINANCE
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A NUMBER OF AMENDMENTS ARE TO BE MADE TO THE COMMISSIONS OF INQUIRY ORDINANCE, TO ENABLE FUTURE COMMISSIONS TO CONDUCT. INQUIRIES AND CARRY OUT THEIR DUTIES MORE EFFICIENTLY AND SPEEDILY.
THE AMENDMENTS ARE CONTAINED IN THE COMMISSIONS OF INQUIRY (AMENDMENT) BILL 1976 WHICH IS PUBLISHED IN THE GAZETTE TODAY (FRIDAY). THE BILL IS EXPECTED TO GO BEFORE THE LEGISLATIVE COUNCIL SHORTLY.
ONE OF THE AMENDMENTS IN THE BILL PROPOSES TO GIVE FUTURE COMMISSIONS, WHICH ARE APPOINTED TO LOOK INTO THE AFFAIRS OF A PUBLIC BODY, COMPANY OR UNINCORPORATED. BODY OF PERSONS, THE AUTHORITY TO APPOINT INSPECTORS TO EXAMINE BOOKS, DOCUMENTS AND RECORDS. HOWEVER, BEFORE SUCH INSPECTORS ARE APPOINTED PRIOR APPROVAL MUST BE OBTAINED FROM THE GOVERNOR-IN-COUNCIL.
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ANOTHER OBLIGES OFFICERS AND AGENTS OF THE BODY CONCERNED TO PRODUCE BOOKS AND DOCUMENTS AND TO GIVE ALL REASONABLE ASSISTANCE TO THE INSPECTORS, UNDER THIS SECTION THE BODY'S BANKERS, SOLICITORS AND AUDITORS ARE REGARDED AS ITS AGENTS.
ONE CLAUSE IS ALSO ADDED TO MAKE IT A CONTEMPT AND AN OFFENCE FOR AN OFFICER OR AN AGENT TO DESTROY OR DEFACE DOCUMENTS TO AVOID THEIR PRODUCTION OR TO REFUSE TO ANSWER AN INSPECTOR'S QUESTIONS,
COMMENTING ON THE PROPOSAL, A GOVERNMENT SPOKESMAN SAID THESE AMENDMENTS ARISE OUT OF RECOMMENDATIONS MADE BY THE COMMISSION OF INQUIRY INTO THE HONG KONG TELEPHONE CO. LTD., AND FOLLOW SIMILAR PROVISIONS IN THE COMPANIES ORDINANCE.
AS IT STANDS AT PRESENT, THE COMMISSIONS OF INQUIRY ORDINANCE DOES NOT PROVIDE FOR GENERAL INVESTIGATORY POWERS ALTHOUGH IT DOES ENABLE A COMMISSION TO SUMMON WITNESSES TO PRODUCE DOCUMENTS AND GIVE EVIDENCE, TO ENTER AND INSPECT ANY PREMISES AND TO ISSUE WARRANTS TO SEARCH AND SEIZE DOCUMENTS.
HOWEVER, THE SPOKESMAN SAID WITHOUT BEING ABLE TO CARRY OUT A PRIOR INSPECTION THE COMMISSION MAY NOT KNOW WHAT MATERIAL IS AVAILABLE, OR IF ANY MATERIAL IS AVAILABLE, WHICH ARTICLES AND DOCUMENTS ARE RELEVANT TO THE INQUIRY,
IN MAKING THESE AMENDMENTS THE OPPORTUNITY IS ALSO BEING TAKEN TO CONFER ON LEGAL REPRESENTATIVES THE SAME IMMUNITY AS THEY WOULD HAVE IF APPEARING BEFORE THE HIGH COURT.
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