1988 Ed.]
Commissioner for Administrative Complaints
[CAP. 397
9
(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
(b) is the subject of a certificate by the Chief Secretary that it might----
(i) prejudice the investigation or detection of crime; or
(ii) involve the disclosure, without the consent of the Governor, of the deliberations of the Executive Council,
the Commissioner shall not require the information or answer to be given or, as the case may be, the document or thing to be produced.
Commissioner and staff to maintain secrecy
15. (1) The Commissioner and every person appointed under section 6 shall, subject to subsections (2) and (3), maintain secrecy in respect of all matters that come to their actual knowledge in the exercise of their functions.
(2) Subsection (1) shall not apply so as to prevent the Commissioner or any person appointed under section 6 from
(a) disclosing in the course of proceedings for an offence under the Ordinance, any matter relevant to those proceedings;
(b) reporting evidence of any crime to such authority as he considers appropriate;
(c) disclosing to a person any matter referred to in subsection (1) which, in the opinion of the Commissioner or person so appointed, may be ground for a complaint by that person.
(3) The Commissioner may disclose in any report made by him under this Ordinance any matter that in his opinion ought to be disclosed in order to establish grounds for his conclusions and recommendations, other than a matter in respect of which the Governor certifies that its disclosure might prejudice security, defence, or international relations (including relations with any international organization) in respect of Hong Kong or would otherwise be contrary to the public interest.
(4) Any person who fails to comply with subsection (1) commits an offence and is liable to a fine of $50,000 and to imprisonment for 2 years.
Reports by the Commissioner
16. (1) In any case in which, after making an investigation into any action, the Commissioner is of the opinion that one or more of the following circumstances have been revealed--
Page 10
Page 11
1988 Ed.]
Commissioner for Administrative Complaints
[CAP. 397
9
(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
(b) is the subject of a certificate by the Chief Secretary that it might----
(i) prejudice the investigation or detection of crime; or
(ii) involve the disclosure, without the consent of the Governor, of the deliberations of the Executive Council,
the Commissioner shall not require the information or answer to be given or, as the case may be, the document or thing to be produced.
Commissioner and staff to maintain secrecy
15. (1) The Commissioner and every person appointed under section 6 shall, subject to subsections (2) and (3), maintain secrecy in respect of all matters that come to their actual knowledge in the exercise of their functions.
(2) Subsection (1) shall not apply so as to prevent the Commissioner or any person appointed under section 6 from
(a) disclosing in the course of proceedings for an offence under the
Ordinance, any matter relevant to those proceedings;
(b) reporting evidence of any crime to such authority as he considers
appropriate;
(c) disclosing to a person any matter referred to in subsection (1) which, in the opinion of the Commissioner or person so appointed, may be ground for a complaint by that person.
(3) The Commissioner may disclose in any report made by him under this Ordinance any matter that in his opinion ought to be disclosed in order to establish grounds for his conclusions and recommendations, other than a matter in respect of which the Governor certifies that its disclosure might prejudice security, defence, or international relations (including relations with any international organization) in respect of Hong Kong or would otherwise be contrary to the public interest.
(4) Any person who fails to comply with subsection (1) commits an offence and is liable to a fine of $50,000 and to imprisonment for 2 years.
Reports by the Commissioner
16. (1) In any case in which, after making an investigation into any action, the Commissioner is of the opinion that one or more of the following circumstances have been revealed--
Page 10Page 11
No comments yet.
Private notes are available after approval.