TNAG-0106-FCO40-142-Proposals-to-appoint-an-Ombudsman-1969 — Page 218

(a)

11

might prejudice the security, defence or international relations

of the Government of the United Kingdom or the Government of

Hong Kong (including the relations of either Government with tho

Government of any other country or with any international

organization); or

(b)

might prejudice the investigation or detection of any offence; or

(c) might involve the disclosure, without the consent of the Governor,

of the deliberations of the Executive Council,

the Commissioner shall not require the information or answer to be given or,

as the case may be, the document, paper or thing to be produced.

(2) Subject to the provisions of subsection (1), any rule of law

which authorizes or requires the withholding of any document or paper, or

the refusal to answer any question, on the ground that the disclosure of

the document or paper or the answering of the question would be injurious

to the public intorost shall not apply in respect of any investigation.

Commissioner 20. (1) The Commissioner and every officer appointed under section 8

and staff to maintain

secrecy.

shall be deemed for the purposes of the Official Secrets Acts 1911 to 1939

to be persons holding office under Hor Majesty.

(2) The Commissioner and every such officer as aforesaid shall maintain

secrecy in rospect of all matters that come to their knowledge in the

exercise of their functions.

(3) Every such officer as aforesaid shall, before he performs any

official duty under this Ordinance, take an oath, to be administered by the

Commissioner, that he will not divulge any information received by him under

this Ordinance except for the purpose of giving effect to this Ordinance.

(4) Notwithstanding the provisions of this section, tho Commissioner