1975-HKRS28-16-23_Part03 — Page 38

Use of evidence

la cirill of cximaal proceedings (Cap. 2007)

Content

to be offensėn.

Protection of InAmbCH Al board of Inquiry, etc.

Police Lad Bailiff to

parist Board of inquiry.

Cru of inquiry.

Publication of.

and COMMEDLO

ca. prescoding

of board pl

Inquiry,

Making and

Teck of cootlar-of

perlod order.

19. Evidence given by a person before a board of inquiry shall not be admissible against him in any civil or criminal proceedings by or against him, except where he is charged with an offence under Part V (Perjury) of the Crimes Ordinance.

30. Any person who, at a hearing by a board of inquiry.---

(a) uses a threatening or insulting expression to or concerning or ju

the presence of the board of "inquiry; or

(b) behaves in an insulting manner or wilfully interrupts the proceed-

ings.

shall be guilty of an offence and shall be liable on conviction to a fine of $2,000 and to imprisonment for 3 months.

31. (1) No member of a board of inquiry shall be liable to any suit or other proceeding for any act or thing done by him bona fide as such member of the board of inquiry:

Provided that nothing in this subsection shall be deemed to limit the power of the Supreme Court to make an order of mundumus, certiorari or prohibition in relation to proceeding before a board of inquiry,

(2) All evidence given before a board of inquiry shall be absolutely privileged, and no person giving such evidence shall be liable to any suit or other civil proceeding in respect thereof.

32 Police officers and bailiffs of the court shall assist a board of inquiry, which is conducting an inquiry under this Port, in such malterS AB the board of inquiry may require and may do all such things as are necessary for the purpose of rendering such assistance.

33. The cost of an inquiry conducted under this Part shall be a charge on the general revenue of Hong Kong

34. (1) Subject to subsection (2), no person shall be liable to any civil or criminal proceedings by reason of his publishing a fair and accurate report or summary of any evidence received in proceedings before a board of inquiry.

(2) No person shall-

(a) publish or otherwise disclose any evidence received in proceedings

held in private;

(6) publish or otherwise disclose any evidence received in proceedings held in public the publication or disclosure of which a board of inquiry has prohibited;

(c) publish any comment on any proceedings, or on any evidence received in proceedings, before a board of inquiry until the report of the board of inquiry is published under section 23(4),

(3) Any person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fire of 35,000" and to im- prisonment for 6 months.

PART V

COOLING-OFF PERIOD

35. (1) Where it appears to the Governor in Council-

(a) that, in contemplation or furtherance of a trade dispute, industrial

action consisting of-

(D) a strike;

7

(ii) any irregular industrial action short of a strike; or (10) a lock-out,

has begun or is likely to begin;

(b) that the situation arising out of the trade dispute in of such a mature, or on such a scale, as to be likely to cause an interruption in the supply of goods or in the provision al services which might-

(i) be gravely injurious to the economy of Hong Kong or seriously affect the livelihood of a substantial number of persons, or create a serious risk of public disorder, or seriously jeopardize the internal security of Hong Kong; or

(ii) endanger the lives of a substantial number of persons, or expose a substantial number of persons to serious risk of disease or personal injury; and

(c) that, having regard to all the circumstances of the trade dispute, it would be conducive to a settlement of it by negotiation, con- ciliation, arbitration or the appointment of a board of Inquiry if the industrial action were discontinued or deferred.

he may make an order under this section.

(2) An order under this section-

(a) shall specify the area of employment in respect of which the order is to have effect, that area being defined in the order by reference to for to any combination of) any of the following. that is to say, one or more industries specified in the order, one or more undertakings or parts of undertakings so specified, and one or more descriptions of employees so specified;

(b) shall indicate the scope of the trade dispute in consequence of which the order is made in such manner as may appear to the Governor in Council to be sufficient to indicate the area of employment affected by the trade dispute and the extent of matters to which the trade dispute relates:

(e) may require any person specified in the order, before the end of such period as may be specified in the order for the purposes of this paragraph, to take such steps (whether by way of withdraw- ing or securing the withdrawal of any instructions issued by or on behalf of that person or otherwise) as may be so specificd for the purpose of securing that the industrial action specified in the under is discontinued or, as the case may be, deferred during the period of effect of the order;

(d) shall specify the date on which the order is to take effect and

the period for which the order is to remain in force;

(e) shall be published in the English and Chinese languages in such

manner as the Governor thinks ft.

(3) Notwithstanding anything in the Trade Unions Ordinance, any cap. 132.1 person who,-

(a)

during the period of effect of an order under this section.-

(1) calls, organizes, procures or finances a strike, or threatens to do so;

(i) organizes, procures or Anances any irregular industrial action short of a strike, or threatens to do so;

(iii) institutes, carries on, authorizes, organize or finances a lock-out, or threatens to do so:

(iv) penalizes or otherwise discriminates against an employee by reason of the employee taking part, or failing or refusing to