1968-HKRS28-8-35_Part02 — Page 2

Directions to

vote for use where the Commission shall, in any case, be equally divided on any question arising during the proceedings;

(5) fix the quorum at meetings thereof if two or more Commis-

sioners are appointed;

(c) appoint a secretary to the Commission, assistant secretaries

and other staff:

(d) appoint a legal adviser to the Commission;

(e) appoint additional Commissioners or persons în substitution for Commissioners who may die, resign, refuse to act, or become incapable of acting.

(3) Where a new Commissioner has been appointed under sub- section (2), it shall not be necessary for any evidence which may have been taken before the Commission prior to such appointment to be retaken.

(4) The appointment of a Commission shall be published in the Gazette.

3. The Governor in Council may specify the subject of the inquiry Commission. and may direct-

Schedule, Farm 1.

(c) when and where the inquiry is to be held, to whom and by what time a report thereon is to be rendered, and may from time to time enlarge the time within which such inquiry is to be held and such report rendered:

(6) without prejudice to the powers of the Commission to receive and consider such other evidence as it may think fit, what material should be received and considered by the Commission:

(c) what matters should be outside the terms of reference of the

Commission;

(d) that the evidence of certain persons or classes of persons be taken, either orally or in writing, and that certain documents or classes of documents be inspected by the Commission:

(e) without prejudice to the powers conferred upon the Commis- sion by paragraph (1) of section 4, that the holding of the inquiry or parts thereof be in camera;

In that the Commissioners take the oath or affirmation in the

form set out in the Schedule; and

(g) that the Commission shall have and exercise the powers conferred by section 9 to punish all or any of the contempts specified in section 8.

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4. The Commission may, for the purpose of complying with the Powers of directions issued under section 3 and for conducting the inquiry Commission. generally-

(a) receive and consider any material whether by way of oral evidence, written statements, documents or otherwise, notwith- standing that such material would not be admissible as evidence in civil or criminal proceedings:

(5) determine the manner in which such material shall be received and what persons or class of persons shall be permitted or required to give evidence;

Provided that the contents of any document submitted to the Commission, not being of a scurrilous or offensive nature, shall be considered by the Commission, notwithstand- ing that the person submitting such document is, in addition, permitted or required to give evidence;

(c) require any person who wishes to give evidence before the Commission to submit a summary in writing of the evidence proposed to be given:

(d) summon any person in the form set out in the Schedule to Schedule,

attend to give evidence or to produce any article or document; Form 2. (e) issue warrants of arrest to compel the attendance of any person

not complying with a summons issued under paragraph (d),

(f) administer oaths and affirmations;

(g) examine on oath, affirmation or otherwise any person attending before the Commission and require such person to answer all questions put by or with the consent of the Commission and produce any article or document in his possession or under his control;

(h) award any person attending before the Commission such sum as in the opinion of the Commission represents the loss to that person occasioned by the time spent in such attendance;

(0) hold in camera, or exclude any person (including any person implicated or concerned therein and his legal representatives) from, the whole or any part of the inquiry:

Provided that any legal representative entitled to appear

by virtue of the provisions of section 6–

(1) may only be excluded from such part of the inquiry as is held in camera;

(ii) shall not in any event be so excluded while his client is giving evidence:

() prohibit the publication to or disclosure by any person attending before the Commission of all or part of the material received by the Commission;