TNAG-1391-FCO40-1863-Future-of-Hong-Kong-briefing-for-meetings-and-visits-1985 — Page 48

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LEGISLATIVE COUNCIL (POWERS AND PRIVILEGES) BILL

(3) Copies of orders made by the President under this section shall be duly authenticated by the Clerk and exhibited in a conspicuous position in the precincts of the Chamber; and such copies when so authenticated and exhibited shall be deemed to be sufficient notice to all persons affected thereby.

PART III

EVIDENCE

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9. (1) The Council or a standing committee thereof may, subject to sections Power to order 13 and 14, order any person to attend before the Council or before such committee attendance of and to give evidence or to produce any paper, book, record or document in the possession or under the control of such person.

(2) The powers conferred by subsection (1) on a standing committee may be exercised by any other committee which is specially authorized by a resolution of the Council to exercise such powers in respect of any matter or question specified in the resolution.

10. (1) Where any person is ordered to attend to give evidence or to produce documents before the Council or a committee, he shall be notified by a summons issued under the hand of the Clerk by direction of the President.

(2) In every summons issued to any person under subsection (1) there shall be stated the name of that person and the time when and the place where he is required to attend and the particular documents (if any) he is required to produce, and the summons shall be served on him either by delivering to him a copy thereof or by leaving a copy thereof at his usual or last known place of abode in Hong Kong with some adult person.

(3) A summons issued under this section may be served by an officer of the Council or by a police officer or any public officer.

11. (1) The Council or a committee may require that any facts, matters and things relating to the subject of inquiry before the Council or such committee be verified or otherwise ascertained by the oral examination of witnesses, and may cause any such witnesses to be examined upon oath.

(2) An oath required to be taken under this section may be administered by the Clerk or by any other person appointed by the Council for that purpose or, in the case of a witness before a committee, by the chairman of the committee or by the member presiding in the absence of the chairman.

12. (1) Where a person to whom a summons is issued under section 10 does not attend before the Council or the committee at the time and place stated therein, the President may, if satisfied that the summons has been duly served or that such person 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.

Witnesses.

Attendance to be notified by

summons.

Witnesses may be examined on oath.

Power to issue

warrant to compel

attendance.