TNAG-1819-FCO40-2580-Public-opinion-in-Hong-Kong-Commissioner-for-Administrative--1988 — Page 162

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COMMISSIONER FOR ADMINISTRATIVE COMPLAINTS BILL 1988

Duty of head of 18. An investigation shall not affect any action taken by the head of department department affected, or any power or duty of that head of department to take further action with respect to any decision which is subject to the investigation.

Power of entry on premises

Delegation of powers and duties of the Commissioner

Annual report

Offences

19. (1) For the purposes of this Ordinance, but subject to subsections (2) and (3), the Commissioner may at any time

(a) enter any premises occupied by a department;

(b) inspect the premises; and

(c) subject to the provisions of sections 12 and 13, carry out in the

premises any investigation which is within his jurisdiction.

(2) Before entering any such premises the Commissioner shall notify the head of the department by which the premises are occupied.

(3) The Governor may from time to time, by notice to the Com- missioner, exclude any specified premises or class of premises from the application of subsection (1) if he is satisfied that prejudice might otherwise be caused to security, defence, or international relations (including relations with any international organization) in respect of Hong Kong.

20. (1) Subject to subsection (2), the Commissioner may, by notice in the Gazette, delegate to any person appointed under section 6 any of his powers under this Ordinance, except the power of delegation in this section and, where it appears to the Commissioner that he has or may have an interest in any matter which is the subject of a complaint under section 7, shall so delegate his powers and shall not undertake personally or continue an investigation into that complaint or report thereon.

(2) Except where the Commissioner is required by subsection (1) to delegate his powers under this Ordinance, any power or duty to make a report under this Ordinance shall not be delegated by him; but where he is so required any duty imposed by this Ordinance on the Commissioner shall be imposed instead on the person to whom the Commissioner's powers under subsection (1) are delegated.

21. (1) The Commissioner shall not later than the last day of June in each year make a general report to the Governor on the exercise of the functions of the Commissioner under this Ordinance during the previous year.

(2) The Governor shall cause the report referred to in subsection (1) to be laid before the Legislative Council.

22. Any person who-

(a) without lawful excuse, obstructs, hinders or resists the Commis- sioner or any other person in the exercise of his powers under this Ordinance;

(b) without lawful excuse, fails to comply with any lawful requirement of the Commissioner or any other person under this Ordinance; or (c) makes a statement which he knows to be false or does not believe to be true, or otherwise knowingly misleads the Commissioner or any other person in the exercise of his powers under this Ordinance,