22
WEDNESDAY, NOVEMBER 2, 1988
"IN THE LIGHT ATTEMPTING TO FIND A PREVENT THE DESTRUCTION
OF REPRESENTATIONS MEANS OF ENSURING OF REMOVAL OF
RECEIVED,
WE ARE NOW CAN COMMISSION THAT THE
PENDING THE ISSUE RECORDS
OF OR DETENTION DOCUMENTS
"
OF A MAGISTRATE'S WARRANT FOR SEIZURE OF PERSONS INTEND ON REMOVING THEM FROM THE PREMISES.
IN
THE GIVEN BY
BEING QUESTIONED TURNING TO THE POWERS TO REQUIRE PERSONS THE COURSE OF INVESTIGATIONS TO ANSWER QUESTIONS PUT TO THEM, AND RELATED ISSUE OF THE USE WHICH CAN BE MADE OF THE EVIDENCE THEM, MR OWEN SAID THERE WERE TWO POINTS INVOLVED.
IN
FOR THE RIGHT OF SILENCE PER SE, THERE IS ALREADY PROVISION
THE AND
UK OBLIGING IN BOTH HONG KONG
THE MANY ORDINANCES AND ACTS
COURSE PERSONS TO ANSWER TRUTHFULLY ALL QUESTIONS PUT TO THEM IN OF AN INVESTIGATION, HE ADDED.
ORDINANCE (SECTION
EXAMPLES
127(8))
THE COMPANIES ORDINANCE OF INTERESTS)
IN HONG
(SECTION
AND
LEGISLATION KONG
THE PRESENT 145 (3A)),
SECURITIES THE
INCLUDED
SECURITIES
(DISCLOSURE
ORDINANCE (SECTION 36(4)).
'SIMILAR PROVISIONS EXIST IN THE
UK 1986
FINANCIAL SERVICES
ACT AND 1987 BANKING ACT.
ACTS HAVE AN ADDITIONAL "BOTH OF THESE UK
PERSON EXPLICITLY STATES THAT ANY STATEMENT BY A
HE POINTED OUT. USED IN EVIDENCE AGAINST HIM,"
PROVISION QUESTIONED
WHICH MAY BE
HE SAID IT WAS THIS SECOND PROVISION WHICH WOULD BE NEW IN CONTEXT OF HONG KONG, THOUGH IT WAS IN LINE WITH THE GENERAL TREND CRIMINAL JUSTICE IN THE UK AND DID NOT AROUSE EXCITEMENT OF THESE ACTS WAS TAKEN THROUGH PARLIAMENT IN THE UK.
THE
OF
WHEN EITHER
THE STRONG REPRESENTATIONS "WE ARE NEVERTHELESS SENSITIVE TO
BEARING IN MIND WHICH HAVE BEEN MADE BY SOME PARTIES ON THIS POINT,
PLAN TO PRESS THE SPECIAL CIRCUMSTANCES OF HONG KONG, AND WE DO NOT
• HE SAID. THE POINT ABOUT THE USE MADE OF EVIDENCE,
THE
ON THE
COMMISSION AGAINST DECISIONS OF AS REGARDS APPEALS LICENSING MATTERS AND ON USE OF INTERVENTION POWERS, MR OWEN SAID
APPEAL CONSISTING PRESENT DRAFT OF THE BILL PROVIDING FOR A BOARD OF OF THE NON-EXECUTIVE DIRECTORS OF THE COMMISSION HAD AS BEING "INCESTUOUS OR NOT SUFFICIENTLY INDEPENDENT.
+
BEEN CRITICISED
PROVISIONS
DRAFTING
CONSULTATIVE THE HE POINTED OUT THAT IN
OF AN EXTERNAL CONCEPT THE START OFF WITH
'THAT THE AUTHORITIES DID
THIS TRIBUNAL BUT RECONSIDERED THIS BECAUSE EXPERIENCE HERE HAD SHOWN
WORK A TRIBUNAL SYSTEM COULD BE CUMBERSOME AND SLOW, AND TO THE DISADVANTAGE OF THE APPELLANT AS WELL AS OF THE THE PUBLIC.
COULD REGULATOR
AND
/ANOTHER REASON