XN000022-1988-11-02 — Page 23

22

WEDNESDAY, NOVEMBER 2, 1988

"IN THE LIGHT ATTEMPTING TO FIND A PREVENT THE DESTRUCTION

OF REPRESENTATIONS MEANS OF ENSURING OF REMOVAL OF

RECEIVED,

WE ARE NOW CAN COMMISSION THAT THE

PENDING THE ISSUE RECORDS

OF OR DETENTION DOCUMENTS

"

OF A MAGISTRATE'S WARRANT FOR SEIZURE OF PERSONS INTEND ON REMOVING THEM FROM THE PREMISES.

IN

THE GIVEN BY

BEING QUESTIONED TURNING TO THE POWERS TO REQUIRE PERSONS THE COURSE OF INVESTIGATIONS TO ANSWER QUESTIONS PUT TO THEM, AND RELATED ISSUE OF THE USE WHICH CAN BE MADE OF THE EVIDENCE THEM, MR OWEN SAID THERE WERE TWO POINTS INVOLVED.

IN

FOR THE RIGHT OF SILENCE PER SE, THERE IS ALREADY PROVISION

THE AND

UK OBLIGING IN BOTH HONG KONG

THE MANY ORDINANCES AND ACTS

COURSE PERSONS TO ANSWER TRUTHFULLY ALL QUESTIONS PUT TO THEM IN OF AN INVESTIGATION, HE ADDED.

ORDINANCE (SECTION

EXAMPLES

127(8))

THE COMPANIES ORDINANCE OF INTERESTS)

IN HONG

(SECTION

AND

LEGISLATION KONG

THE PRESENT 145 (3A)),

SECURITIES THE

INCLUDED

SECURITIES

(DISCLOSURE

ORDINANCE (SECTION 36(4)).

'SIMILAR PROVISIONS EXIST IN THE

UK 1986

FINANCIAL SERVICES

ACT AND 1987 BANKING ACT.

ACTS HAVE AN ADDITIONAL "BOTH OF THESE UK

PERSON EXPLICITLY STATES THAT ANY STATEMENT BY A

HE POINTED OUT. USED IN EVIDENCE AGAINST HIM,"

PROVISION QUESTIONED

WHICH MAY BE

HE SAID IT WAS THIS SECOND PROVISION WHICH WOULD BE NEW IN CONTEXT OF HONG KONG, THOUGH IT WAS IN LINE WITH THE GENERAL TREND CRIMINAL JUSTICE IN THE UK AND DID NOT AROUSE EXCITEMENT OF THESE ACTS WAS TAKEN THROUGH PARLIAMENT IN THE UK.

THE

OF

WHEN EITHER

THE STRONG REPRESENTATIONS "WE ARE NEVERTHELESS SENSITIVE TO

BEARING IN MIND WHICH HAVE BEEN MADE BY SOME PARTIES ON THIS POINT,

PLAN TO PRESS THE SPECIAL CIRCUMSTANCES OF HONG KONG, AND WE DO NOT

• HE SAID. THE POINT ABOUT THE USE MADE OF EVIDENCE,

THE

ON THE

COMMISSION AGAINST DECISIONS OF AS REGARDS APPEALS LICENSING MATTERS AND ON USE OF INTERVENTION POWERS, MR OWEN SAID

APPEAL CONSISTING PRESENT DRAFT OF THE BILL PROVIDING FOR A BOARD OF OF THE NON-EXECUTIVE DIRECTORS OF THE COMMISSION HAD AS BEING "INCESTUOUS OR NOT SUFFICIENTLY INDEPENDENT.

+

BEEN CRITICISED

PROVISIONS

DRAFTING

CONSULTATIVE THE HE POINTED OUT THAT IN

OF AN EXTERNAL CONCEPT THE START OFF WITH

'THAT THE AUTHORITIES DID

THIS TRIBUNAL BUT RECONSIDERED THIS BECAUSE EXPERIENCE HERE HAD SHOWN

WORK A TRIBUNAL SYSTEM COULD BE CUMBERSOME AND SLOW, AND TO THE DISADVANTAGE OF THE APPELLANT AS WELL AS OF THE THE PUBLIC.

COULD REGULATOR

AND

/ANOTHER REASON