TNAG-0682-FCO40-831-Political-aspects-of-administration-of-justice-in-Hong-Kong-1977 — Page 55

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All hearings of evidence were held in public, in the

Victoria District Court. Public, hearings commenced on 1st March, 1976, and finally concluded on 23rd March, 1976. They occupied 14 working days. A total of 13 witnesses have been heard (See Appendix II).

Where appropriate, section 7 of the Commissions of Inquiry Ordinance (Chapter 86) was explained to the

witness. Section 7 provides, inter alia: "Evidence

given by any person before the Commission shall not

be admissible against him in any civil or criminal proceedings by or against him."

Witnesses' allowances were calculated on a scale

similar to that prescribed in Criminal Procedure (Witnesses' Allowances) Rules 1971, Criminal Procedure Ordinance (Chapter 221).

Apart from viva voce evidence, evidence in the form

of written statements, reports and official records

were also received. A list of documentary evidence

appears in Appendix III.

On the examination of witnesses by counsel, the Commission has followed the procedure laid down in the Report of the Royal Commission on Tribunals of Inquiry, 1966, under the Chairmanship of the Rt. Hon. Lord Justice Salmon. Accordingly when a witness was legally represented, he was examined by

his own counsel on his earlier written statements.

The witness was no doubt a witness of the Commission

but he was a witness who was probably at risk so

far as his own interests and reputation were concerned.

Therefore, in the first instance he was allowed

to tell his own story confident that the counsel

questioning him was doing so with the object of bringing out the evidence which he wished to be

placed before the Commission.

A witness who was