TNAG-0214-FCO40-250-Proposals-for-appointment-of-a-ombudsman-in-Hong-Kong-1968 — Page 99

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(2) For the purposes of any such investigation the Ombudsman shall have the same powers as the Supreme Court in respect of the attendance and examination of witnesses (including the administration of oaths and the examination of witnesses abroad) and in respect of the production of documents.

(3) No obligation to maintain secrecy or other restriction upon the disclosure of information obtained by or furnished to persons in the public service imposed by any law in force in Fiji or any rule of law shall apply to the disclosure of information for the purposes of any such investigation; and the Crown shall not be entitled in relation to any such investigation to any such privilege in respect of the production of documents or the giving of evidence as is allowed by Jaw in legal proceedings.

(4) No person shall be required or authorised by virtue of this .section to furnish any information or answer any question or produce any document relating to proceedings of the Cabinet or any com- mittee thereof; and for the purposes of this subsection a certificate issued by the Secretary to the Cabinet with the approval of the Prime Minister and certifying that any information, question or document .so relates shall be conclusive.

(5) The Attorney-General may give notice to the Ombudsman, with respect to any document or information specified in the notice, or any class of documents or information so specified, that in his opinion the disclosure of that document or information, or of dcuments or information of that class, would be contrary to the public interest in relation to defence, external relations or internal security; and where such a notice is given nothing in this section shall be construed as authorising or requiring the Ombudsman or any member of his staff to communicate to any person for any purpose any document or information specified in the notice, or any document or information of a class so specified.

(6) Subject to subsection (3) of this section, no person shall be -compelled for the purposes of an investigation under section 113 of this Constitution to give any evidence or produce any document which he could not be compelled to give or produce in proceedings before the Supreme Court.

116. (1) The provisions of this section shall apply in every case Proceedings where, after making an investigation, the Ombudsman is of opinion after that the action that was the subject matter of investigation was- investiga-

(a) contrary to law;

(b) based wholly or partly on a mistake of law or fact;

(c) unreasonably delayed; or

(d) otherwise unjust or manifestly unreasonable.

(2) If in any case to which this section applies the Ombudsman is

of opinion-

(a) that the matter should be given further consideration;

(b) that an omission should be rectified;

(c) that a decision should be cancelled, reversed or varied;

(d) that any practice on which the act, omission, decision or recom-

mendation was based should be altered;

(e) that any law on which the act, omission, decision or recommenda-

tion was based should be reconsidered;

(f) that reasons should have been given for the decision; or (g) that any other steps should_be_taken.......

tion.