TNAG-1367-FCO40-1813-Hong-Kong-Legislative-Council-(Powers-and-Privileges)-Bill-1-1985 — Page 39

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False evidence and deception.

Interference with members, officers

or witnesses.

Offences by

persons entering

or remaining in

precincts of

Chamber.

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

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.

18. (1) Any person who before the Council or a committee intentionally gives a false answer to any question material to the subject of inquiry which may be put to 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-

(a) assaults, obstructs or molests any member going to, being within or going from the precincts of the Chamber, or endeavours to compel any member by force or menace to declare himself in favour of or against any motion or matter pending 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

(d) threatens, molests or in any way punishes or injures or attempts to punish or injure any person for having given evidence before the Council or a committee or on account of any evidence which he has given before the Council or a committee,

commits an offence and is liable to a fine of $10,000 and to imprisonment for 12 months.

20. Any person, other than a member or officer of the Council, who—

(a) enters or attempts to enter the Chamber or the precincts of the Chamber in contravention of any of the Standing Orders or any resolution under section 8(2); or

(b) contravenes any administrative instructions issued under section 8(3), or any direction given thereunder, regulating the admittance of persons to or the conduct of persons within the Chamber or the precincts of the Chamber,

commits an offence and is liable to a fine of $2,000 and to imprisonment for 3 months.

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

23. The Council, the President or any officer of the Council shall not be subject to the jurisdiction of any court in respect of the lawful exercise of any power con- ferred on or vested in the Council, the President or such officer by or under this Ordinance or the Standing Orders.

24. Within the precincts of the Chamber, every officer of the Council shall, for the purposes of this Ordinance and of the application of the criminal law, have all the powers and enjoy all the privileges of a police officer.

Courts not

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to exercise jurisdiction in respect of acts of the Council, President or officers.

Officers of the Council to have powers of police officer.

25. For the purposes of this Ordinance, the President may exercise the powers President may act conferred on him by this Ordinance even though the Council has been dissolved.

when the Council is dissolved.

26. No prosecution for an offence under this Ordinance shall be instituted Consent of except with the consent of the Attorney General.

27. Section 4 of the Oaths and Declarations Ordinance is repealed.

Passed by the Hong Kong Legislative Council this 26th day of June 1985.

LI Wing,

Clerk to the Legislative Council.

This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.

LI Wing,

Clerk to the Legislative Council.

Attorney General to prosecute.

Consequential amendment.

(Cap. 11.)

Journals printed by order of the Council to be admitted as evidence.

Powers of President

supplementary to powers under Letters Patent

or Royal

Instructions.

PART V

MISCELLANEOUS

21. Upon any inquiry touching the privileges, immunities and powers of the Council or of any member, any copy of the journals printed or purporting to be printed by the Government Printer shall be admitted as evidence of such journals in all courts and places without any proof being given that such copy was so printed.

22. The powers of the President under this Ordinance shall be supplementary to any powers conferred on him by Letters Patent or Royal Instructions.