TNAG-1365-FCO40-1811-Hong-Kong-Legislative-Council-(Powers-and-Privileges)-Bill-1-1985 — Page 60

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Objective; to Jouer quant or prad wor paper».

Pavilege of

Deaczmanation of questions relating

lo evident and production of documents before 1bc Council o Committee.

Linjation ot privilege agent LICIJnation of

self or spous

LEGISLATIVE COUNCIL (POWERS AND PRIVILEGES; BILL

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

13. ( Subject to section 14. where any person lawfully ordered to attend to give evidence or to produce any paper, book, tocoré or document before the Counci: 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 mature and does not affect the subject of inquiry, the President may (and shall if such question, o: the production of such paper, book, record or document is no: relevant) excuse the auswering of such question or the production of such paper, book, record or document. or may order the answering or production thereof.

(2) Subject to sextion 14. where any person, jawfully ordered to attend to give evidence or to produce any paper. book, record or docuátrat before any committee refuses to answer any questor, 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 repon such refusal to the President with the reasons therefor: and the President may (and shaï 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 ine answering or production thereof.

14. (1) Every person lawfully ordered to attend to give evidence or 10 produce any paper. book, record or document before the Councii or a committee shal, 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 oñoer acting with the consent of the Governor, shall before the Council or a committṣe-

(a) give any evidence; or

(b) produce any paper, book, record a: document.

relating to the correspondence of any naval. military or sir force malies or any matter relating to the security of Hong Kong or the responsibilities of Her Majesty's Government in relation to Hong Kong, nor shali secondary evidence be received by ar 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 commince to hear, admit or receive

oraš evidence; or

(b) the right or power of the Council or a committee to peruse or examine any paper, book, récord 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 communice) to refuse to produce any paper, book, record or documeal 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 determized 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 communes, any person lawfully ordered to attend to give evidenot or to produce wny 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 pur 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 or connexion, with the proceedings. on the ground that to do so may tend to expose this person, or the wife or husband of that person, to proceedings for an offence or for the recovery of a penalty.

(2) Subject :o subsection (3), no statement or admission, made by a person- (a) in answering a question put 10 him in. any proceedings 10 which subsection

(1) applies; or

(d) in complying with any order made in any such procsedings.

sball. 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 tha; person.

(3) Nothing in subsection (2) shall render any stalernear 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 path made otherwise than in a judicial proceeding) or section 36 (which relates 10 false statutory declarations and other false statements without outh) 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 Counch 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 Counciò or a commitice 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 sining.

commits an offence and is liable to a fine of $10.000 and to imprisonmem for 12 months, and in the case of a continuing offence 10 a further fine of $2,000 for each day on which the offence continues.

Cap 20

Contzip's

E6:

18. (1) Any person who before the Council or a committee intentionally gives a full svedcox false answer to any question material to the subject of inquiry which may be put to EC Sedepuca 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 o: « commitice any false, untrue, fabricated or falsified document with intent to deceive the Council of such cammittee. unless such presentation constitutes an offence unde: subsection (!), commits an offence and is liable to a fine of $10,000 and to impriscament for 12 months.

19. Any person who—

methen. &fli

(4) assaulis, obstructs, molests or insults any member going ta, nemg within of a; kitanda

going from the precincts of the Chamber, or endeavours to compel any member by force, insuh or meaxce to declare himself in favour of of against ány motion or matter pending or expected to be brought before the Counci!

or a commitles: or

(b) assouits, interferes with, mõiests, resists or obstrucis any officer of the

Council while in the crecution of his čaty, or

(c) tampers with, deters, threatens, moiests or m any way upćuiz influences ang witness in regard as any evidence to be given by hum before îne Council or 2 committee; or

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