CO129-624-3 Public Services Commission- formation 1-1-1950 - 31-12-1950 — Page 27

Reports and statements or other communi- cations of the Com- mission to be

privileged.

Protection

to

Chairman and

members

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by any regulation to assist the Commission in the exercise of 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 imprisonment for a period not exceeding two years or to a fine not reeeding two thousand dollars or auch imprisonment and fine,

two and fine for years.

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 proceedings unless the Governor under the hand of the Colonial Secretary consents to its production in such proceedings.

11. Any Chairman and any member of the Commission shall have such and the like protection and privileges in case of any action or suit brought against him for any act done or

of the Com- omitted to be done in the execution of his duty as is by law given to any magistrate or justice acting in the execution of his office.

mission.

33 & 34

Vict. c. 105,

3. 10.

[cf. No. 41 of

1932. Part VII.]

Publication and

disclosure

of

to

un-

12. (1) Neither the Chairman nor any member of the Commission nor any other person shall without the written permission of the Governor under the hand of the Colonial information Secretary publish or disclose to any unauthorized person or otherwise than in the course of duty the contents or any part of authorized

the contents of any document, communication or information persons prohibited. whatsoever which has come to his knowledge in the course of 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-imprisonment for a term not exceeding one year es to a fine ner-efeceding two thousand dollars or to both such imprisonment

one year.

and time for

(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

her 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 imprisonment for exceeding one year or to a fine not exceeding two thousand

and dollars or to both such imprisonment and fine for one year.

and

the Com-

13. Every person who otherwise than in the course of his Offence to

influence or duty directly or indirectly by himself or by any other person attempt to 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 not effeceding four thousand dollars to imprisonment for a- period not exceeding two years or to both such fine and imprisonment 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.

14. (1) The Governor in Council may make regulations Power of providing for

Governor

in Council to make

(a) the discharge by the Commission (whether or regulations. not with the assistance of such bodies and persons as are hereinafter mentioned) of additional functions and duties;

(b) the time place and manner, when in which and how the Commission shall exercise its functions and duties;

(c) the Commission being assisted by departmental Boards and by such other persons and classes of persons as may be prescribed in the performance of all or any of its functions and duties;

(d) the conduct of examinations and the interview- ing of public servants or candidates for the public service by the Commission or by such Boards and persons as are referred to in the preceding paragraph;

(e) forms and fees in connection with applications to the Commission, reports or communications from the Commission or for any other matter required by or under this Ordinance;

( any matter which under section 6 requires to be prescribed and generally for carrying out the provisions of this Ordinance.

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