TNAG-1807-FCO40-2568-Hong-Kong-pollution-control-Noise-Control-Ordinance-1988-(N-1988 — Page 72

A398

Ord. No. 67/88

Evidence

Protection of witnesses, etc.

COMMISSIONER FOR ADMINISTRATIVE COMPLAINTS

13. (1) Subject to section 14, the Commissioner may summon before him----

(a) any person, whether or not he is an officer of any department, who in the opinion of the Commissioner is able to give any information relating to any action that is being investigated by the Commis- sioner; and

(b) any complainant,

and may examine them and require them to furnish to him any information, and to produce any document or thing which, in the Commissioner's opinion, whether or not it is in the custody or under the control of any de- partment, relates to that action and which may be in the possession or under the control of that person or, as the case may be, of the complainant.

(2) The Commissioner may administer an oath for the purposes of an examination under subsection (1) if he thinks fit.

(3) Except in relation to the subject of any certificate issued under section 14(3)—

(a) no obligation to maintain secrecy or other restriction, imposed by law, upon the disclosure of any information, document or other thing, that is or has been in the possession or under the control of a public officer, shall apply to its disclosure for the purposes of an investigation under this Ordinance; and

(b) any requirement by the Commissioner that any such information, document or thing as is referred to in paragraph (a) be disclosed or produced for the purposes of an investigation under this Ordinance shall be sufficient authority for its disclosure or production to the Commissioner.

(4) The Commissioner may pay the reasonable expenses of com- plainants and witnesses incurred during the course of an investigation under this Ordinance.

14. (1) Every person shall have the same privileges in relation to the giving of information, the answering of questions, and the production of documents and things, for the purposes of this Ordinance, as witnesses have in civil proceedings in the Supreme Court but, subject to subsection (3), any rule of law which authorizes or requires the withholding of any document or thing, or the refusal to answer any question, on the ground that the disclosure of the document or thing or the answering of the question would be injurious to the public interest, shall not apply in respect of any investigation.

(2) Except on the trial of any person for perjury in respect of his sworn testimony, or for an offence under this Ordinance, no statement made or answer given by that or any other person in the course of any investigation shall be admissible in evidence against any person in any court or at any inquiry or in any other proceedings, and no evidence in respect of an investigation shall be given against any person.

(3) Where the giving of any information or the answering of any question or the production of any document or thing-

(a) is the subject of a certificate by the Governor that it might prejudice security, defence or international relations (including relations with any international organization) in respect of Hong Kong; or

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