TNAG-1365-FCO40-1811-Hong-Kong-Legislative-Council-(Powers-and-Privileges)-Bill-1-1985 — Page 54

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Objection to answer question or produce

Papers

Privileges of

Aknesses.

Determination of

questions relating

to evidence and production of documents before the Council or committee.

Limitation on

privilege against incrimination of

self or spouse.

LEGISLATIVE COUNCIL (POWERS AND PRIVILEGES) BILL

(6) The Governor may, by order in the Gazette, prescribe a form of warrant for the purposes of this section.

13. (1) Subject to section 14, where any person lawfully ordered to attend to give evidence or to produce any paper, book, record or document before the Council refuses to answer any question that may be put to him or to produce any such paper, book, record or document on the ground that the same is of a private nature and does not affect the subject of inquiry, the President may (and shall if such question or the production of such paper, book, record or document is not relevant) excuse the answering of such question or the production of such paper, book, record or document, or may order the answering or production thereof.

(2) Subject to section 14. where any person lawfully ordered to attend to give evidence or to produce any paper, book, record or document before any committee refuses to answer any question that may be put to him or to produce any such paper, book, record or document on the ground that the same is of a private nature and does not affect the subject of inquiry, the chairman of the committee may report such refusal to the President with the reasons therefor; and the President may (and shall if such question or the production of such paper, book, record or document is not relevant) thereupon excuse the answering of such question or the production of such paper, book, record or document or may order the answering or production thereof.

14. (1) Every person lawfully ordered to attend to give evidence or to produce any paper, book, record or document before the Council or a committee shall, subject to section 16. be entitled, in respect of such evidence or the disclosure of any com- munication or the production of any such paper, book, record or document, to the same right or privilege as before a court of law.

(2) No person, other than a public officer acting with the consent of the Governor, shall before the Council or a committee---

(a) give any evidence; or

(b) produce any paper, book, record or document,

relating to the correspondence of any naval, military or air force matter or any matter relating to the security of Hong Kong or the responsibilities of Her Majesty's Government in relation to Hong Kong, nor shall secondary evidence be received by or produced before the Council or a committee of the contents of any such paper, book, record or document.

15. Where at any time any question arises in the Council or a committee in regard to-

(a) the right or power of the Council or a committee to hear, admit or receive

oral evidence; or

(5) the right or power of the Council or a committee to peruse or examine any paper, book, record or document or to order, direct or call upon any person to produce any paper, book, record or document before the Council or committee; or

(c) the right or privilege of any person (including a member of the Council or committee) to refuse to produce any paper, book, record or document or to lay any paper, book, record or document before the Council or committee, that question may, subject to this Ordinance and except in so far as express provision is made therein for the determination of that question, be determined in accordance with the usage and practice of the Council which applied prior to the commencement of this Ordinance or applies thereafter by virtue of any resolution of the Council.

16. (1) In any proceedings in the Council or a committee, any person lawfully ordered to attend to give evidence or to produce any paper, book, record or docu- ment before the Council or committee shall not, unless excused under section 13, be excused—

(a) from answering any relevant question put to that person in the proceedings

or producing any such paper, book, record or document; or

LEGISLATIVE COUNCIL (powers and PRIVILEGES) BILL

(b) from complying with any order made in or in connexion with the proceedings,

on the ground that to do so may tend to expose that person, or the wife or husband of that person, to proceedings for an offence or for the recovery of a penalty.

(2) Subject to subsection (3), no statement or admission made by a person- (a) in answering a question put to him in any proceedings to which subsection

(1) applies; or

(b) in complying with any order made in any such proceedings,

shall, in proceedings for any offence or for the recovery of any penalty, be admissible in evidence against that person or (unless they married after the making of the statement or admission) against the wife or husband of that person.

(3) Nothing in subsection (2) shall render any statement or admission made by a person as there mentioned inadmissible in evidence against that person in proceed- ings for an offence under section 32 (which relates to false statements on oath made otherwise than in a judicial proceeding) or section 36 (which relates to false statutory declarations and other false statements without oath) of the Crimes Ordinance.

17. Any person who-

PART IV

OFFENCES AND PENALTIES

(a) disobeys any lawful order made by the Council or a committee requiring him to attend or produce any papers, books, documents or records before the Council or committee, unless such attendance or production is excused under section 13; or

(b) refuses to be examined before, or to answer any lawful and relevant question put by, the Council or a committee during the course of any examination, unless such refusal is excused under section 13; or

(c) creates or joins in any disturbance which interrupts or is likely to interrupt the proceedings of the Council or a committee while the Council or such committee is sitting,

commits an offence and is liable to a fine of $10,000 and to imprisonment for 12 months, and in the case of a continuing offence to a further fine of $2,000 for each day on which the offence continues.

(Cap. 200.)

Contempts.

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18. (1) Any person who before the Council or a committee intentionally gives a False evidence false answer to any question material to the subject of inquiry which may be put to and deception. him during the course of any examination commits an offence and is liable to a fine of $50,000 and to imprisonment for 2 years.

(2) Any person who presents to the Council or a committee any false, untrue, fabricated or falsified document with intent to deceive the Council or such committee, unless such presentation constitutes an offence under subsection (1), commits an offence and is liable to a fine of $10,000 and to imprisonment for 12 months.

19. Any person who-

Interference with members, officers

(a) assaults, obstructs, molests or insults any member going to, being within or or witnesses.

going from the precincts of the Chamber, or endeavours to compel any member by force, insult or menace to declare himself in favour of or against any motion or matter pending or expected to be brought before the Council or a committee; or

(b) assaults, interferes with, molests, resists or obstructs any officer of the

Council while in the execution of his duty; or

(c) tampers with, deters, threatens, molests or in any way unduly influences any witness in regard to any evidence to be given by him before the Council or a committee; or