1950-HKRS29-8-17_Part02 — Page 10

Remunera- tion of the Chairman and

niembers of the Com- mission.

The

Chairman

and

7. (1) The Chairman and members of the Commission shall be entitled to such remuneration and allowances as may from time to time be voted by the Legislative Council: Provided that in the event of a temporary appointment under subsection (2) of section 3 such appointee shall be entitled to such remuneration and allowances as the Governor may approve mor exceeding the scale of remuneration and allowances which would have been applicable had the appointment been made under subsection (1) of section 3-

(2) The receipt by the Chairman or by any member of the Commission of any remuneration or allowance voted or otherwise provided for under subsection (1) shall not be deemed to cause the Chairman or any such member to be subject to Colonial Regulations or to the General Orders of the Government of Hong Kong.

8. The Chairman and members of the Commission shall on first appointment, whether appointed under subsection (1) or members of subsection (2) of section 3 take an oath or make an affirmation, the Com-

each according to his conscience, in the form in the Second Schedule to this Ordinance. Such oath shall be administered by a judge of the Supreme Court.

mission

shall take

an oath.

Second

Schedule.

Offence of giving false

#

9. Any person who in connection with an application by any person for employment or promotion in the public service information or with any matter upon which it is the duty of the Commission to the Cam- mission,

to advise the Government of Hong Kong under this Ordinance, wilfully gives to the Commission or to the Chairman or member thereof or to any person or body of persons appointed by any regulation to assist the Commission in the exercise of its functions or the discharge of its duties, any information which is false by reason of the falsity of, or by reason of the omission of, a material particular, shall be guilty of an offence and upon summary conviction, be liable to a fine of two thousand dollars and to imprisonment for two years.

Reporta and statements or other communi- cations of the Com- mission ta be

10. Any report, statement or other communication which the Commission may in the exercise of its functions or the discharge of its duties hereunder make to the Government of Hong Kong or to the Governor or to the Colonial Secretary or to the Head of a department of Government shall be privileged in that its production may not be compelled in any legal privileged proceedings unless the Governor under the hand of the Colonial

Secretary consents to its production in such proceedings.

to

11. Any Chairman and any member of the Commission Protection shali have such and the like protection and privileges in case Chairman of any action or suit brought against him for any act done or and omitted to be done in the execution of his duty as is by law given of the Con- to any magistrate or justice acting in the execution of his office. mission.

members

33 & 34 Vict. c. 103.

9. 10.

[et. No. 41 uf 1932. Part: VIL]

infurmabtion

12. (0) Neither the Chairman nor any member of the Publication

and Commission nor any other person shall without the written disclosure permission of the Governor under the hand of the Colonial of Secretary publish or disclose to any unauthorized person or to otherwise than in the course of duty the contents or any part of authorized the contents of any document, communication or information persung whatsoever which has come to his knowledge in the course of

prohibited. his duties under this Ordinance or under any regulation made thereunder in respect of any matters referred to the Commission under this Ordinance or any regulation made thereunder and any person who knowingly acts in contravention of the provisions of this section shall be guilty of an offence and shall be liable to a fine of two thousand dollars and to imprisonment for one year.

(2) If any person having possession of any information which to his knowledge has been disclosed in contravention of the provisions of this section publishes or communicates to any other person otherwise than for the purpose of any prosecution under this Ordinance any such information, he shall be guilty of an offence and shall be liable to a fine of two thousand dollars and to imprisonment for one year.

the Com-

13. Every person who otherwise than in the course of his Offence to duty directly or indirectly by himself or by any other person attempt to

influence or in any manner whatsoever influences or attempts to influence influence any decision of the Commission or the Chairman or any member mission. thereof shall be guilty of an offence and shall be liable to a fine of four thousand dollars and to imprisonment for two years: Provided that nothing in this section shall prohibit any person from giving a certificate or testimonial to any applicant or candidate for any public office or from supplying any information or assistance upon formal request made by the Commission.