(Cap. 217.)
Commission to bave powers of judge.
Inquiry to be a jodictul proceeding.
Protection of Commission and witnesses,
(2) In the case of contempts not committed in the presence of the Commission, it may, if so empowered under section 3. summon the offender to appear before it at the time and place specified in the summons, there to show cause why the offender should not be sentenced for the contempt, and may impose the sentence prescribed by section 8. (3) The Commission may issue warrants of arrest to compel the attendance of any person not complying with a summons issued under subsection (2).
(4) Any sentence of imprisonment imposed under this section may be remitted where the Commission is of the opinion that the contempt has been purged.
(5) Any person aggrieved by any decision, order or sentence of the Commission in exercise of the powers conferred by subsection (1) or (2) may appeal to a judge of the Supreme Court, in the same manner as if it were an order of a magistrate in respect of which an appeal lies under section 113 of the Magistrates Ordinance, in accordance with rules made by the Chief Justice.
10. For the purposes of enforcing the payment of any fine im- posed or giving effect to any warrant of arrest or sentence of im- prisonment or for other like purposes, the Commission shall have the powers of a judge. In the axercise of such powers and for the purpose of issuing warrants, summoning persons and the exercise of other like powers the Chairman may do all necessary acts in the name of the Commission.
11. (1) Every inquiry held under this Ordinance shall be deemed to be a judicial proceeding.
(2) Any conduct which would constitute contempt of the Supreme Court or of a judge, if it were committed towards the Supreme Court of a judge as the case may be, shall be a contempt of a Commission and may be dealt with and punished by a judge of the Supreme Court as a contempt of the Supreme Court.
12. (1) No Commissioner shall be liable to any suit or other proceeding for any act or thing done by him bona fide as such Com- missioner:
Provided that nothing in this subsection shall be deemed to limit the power of the Supreme Court to make an order of mandamus, certiorari or prohibition in relation to proceedings before a Commission. (2) All evidence given before a Commission shall be absolutely privileged, and no witness giving such evidence shall be liable to any suit or other civil proceeding in respect thereof.
bailiffs to assist
13. Police officers and bailiffs of the court shall assist any Police and Commission conducting an inquiry under this Ordinance for such pur- poses as the Commission may require and may do all such things as Commission. are necessary for the purpose of rendering such assistance.
14. The cost of any inquiry conducted under this Ordinance, in- Cost of cluding any sums awarded under paragraph (A) of section 4, shall be inquiry. a charge on the general revenue of the Colony.
15. Subject to paragraph (d) of subsection (2) of section 8 no Protection person shall be liable to any civil or criminal proceedings by reason of of person his publishing a true account of any evidence taken in public before publishing a Commission or of any report of a Commission published by the authority of the Governor.
16. The Commissioners Powers Ordinance is repealed.
SCHEDULE. FORM 1.
Urile ascomboLİ.
Repsol of Cap. 86.
[sec. 3.]
Form of oath or affirmation to be taken by a Commissioner,
swear by Almighty God (Solemnly promise and declare) that I will diligently inquire into the matters prescribed In the instrument appointing this Commission and will truly and faithfully cxecute the powers and trusts vested in me by the Commissions of Loquiry Ordinance 1969 according to the best of my knowledge and judgment.
FORM 2,
Summent to a witness.
To A.B. [name of person summoned and his address).
[sec 4]
You are hereby summoned to appear before the Commission appointed by His Excellency the Governor to inquire [stare subject matter of "inquiry]
at (place]
upon the o'clock in the and to give evidence respecting such inquiry, and you are required to bring with you [specify documents, etc.]
of
this
Given under the band of
ENLLL
day of
at
19.....
DOHOJI
Commissioner.
This printed impression has been carefully compared by me with the Bill which passed the Legislative Council on the 10th day of July, 1968, and is found by me to be a true and correctly printed copy of the said Bill.
Deputy Clerk of Councils.
(Secretariat GR 6/3231/63 (TC 62/66))
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