TNAG-1367-FCO40-1813-Hong-Kong-Legislative-Council-(Powers-and-Privileges)-Bill-1-1985 — Page 38

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Objection to

answer question or produce papers.

Privileges of witnesses.

Ord. No. 35/85 LEGISLATIVE COUNCIL (POWERS AND PRIVILEGES)

has wilfully avoided service, direct the Clerk to issue a warrant in the prescribed form to apprehend him and bring him, at a time and place stated in the warrant, before the Council or committee, as the case may be.

(2) Where a warrant is issued under this section, the President may, by ordering an appropriate endorsement on the warrant, direct that the person named in the warrant be brought before a magistrate after arrest and released on entering into such recognizance for his appearance before the Council or committee as may be specified in the endorsement.

(3) A warrant issued under this section shall be executed by a police officer. (4) A magistrate may, when a person is brought before him under subsec- tion (2), release that person upon his entering into such recognizance as may be specified in the endorsement on the warrant.

(5) Every warrant and every endorsement on such warrant purporting to bear the signature of the Clerk under this section shall be deemed, unless the contrary is proved, to have been issued or made under the direction or order of the President under this section.

(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 concerning---

(i) any naval, military or air force matter or of any other matter relating to the

security of Hong Kong; or

(ii) the responsibilities of Her Majesty's Government in the United Kingdom otherwise than with respect to the administration of Hong Kong by its Government,

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.

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LEGISLATIVE COUNCIL (POWERS AND PRIVILEGES) Ord. No. 35/85

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

questions relating to evidence and (a) the right or power of the Council or a committee to hear, admit or receive production of

oral evidence; or

(b) 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

(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,

documents before the Council or committee.

Limitation on privilege against self or spouse.

incrimination of

(Cap. 200.)

Contempts.