TNAG-0214-FCO40-250-Proposals-for-appointment-of-a-ombudsman-in-Hong-Kong-1968 — Page 66

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- 15.

oceedings tected.

Defamation.

25. (1) Except in the case of proceedings for an offence against

the Official Secrets Acts 1911 to 1939 -

(a)

(b)

no proceedings, civil or criminal, shall lie against the Cormis-

sioner, or against any officer appointed under section 8, 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;

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

knowledge in the exercise of his functions.

(2) Anything said or any information supplied or any document, paper

or thing produced by any person in the course of an investigation shall

be privileged in the same manner as if the investigation were proceedings

in the court.

26.

For the purposes of the law of defamation, any such publication

as is hereinafter mentioned shall be absolutely privileged, that is to

say

Duty of head of department.

(a)

the publication under section 9 of any matter by the Commis-

sioner in making a report to the Governor;

(b) the publication under section 22 of any matter by the Commis-

sioner or the Colonial Secretary; and

(c) the publication under section 23 of any matter by the Commis-

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

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 take further action with respect to any decision which is subject to

the investigation.

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