TNAG-0106-FCO40-142-Proposals-to-appoint-an-Ombudsman-1969 — Page 222

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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for anything done or said in the course of the exercise of his

functions under this Ordinance, unless it is shown that he acted

in bad faith;

(b) the Commissioner, and any such officer as aforesaid, shall not be called to give evidence in any court, or in any proceedings

of a judicial nature, in respect of anything coming to his

knowlodge in the exercise of his functions.

(2) Anything said or any information supplied or any document, papor, or thing produced by any person in the course of an investigation shall bo privileged in the same manner as if the investigation were proceedings in

the Court.

Defamation.

26. For the purposes of the law of defamation, any such publication as is hereinafter mentioned shall be absolutely privileged, that is to say

(a)

the publication under section 9 of any matter by the Commissioner

in making a report to the Governor;

(b)

the publication under section 22 of any matter by tho Commissioner

in making a report to the Governor or a head of department; and

(c)

the publication under section 23 of any matter by tho Commissioner

to a complainant, the Governor or a head of department.

Duty of head of depart- mont.

27. An investigation shall not affect any action taken by the head of department affected, or any power or duty of that head of department to tako further action with respect to any decision which is subject to the

investigation.

Power of ontry on promises.

28. (1) For the purposes of this Ordinance, but subject to the

at any time, provisions of this section, the Commissioner may,

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