1964_COMMISSIONER_FOR_ADMINISTRATIVE_COMPLAINTS_ORDINANCE — Page 12

1988 Ed.]

Commissioner for Administrative Complaints

[CAP. 397

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(b) any report or recommendation made under section 16 and any comments made thereon by or on behalf of the head of department affected; *

(c) such comments on the matter as he thinks fit to make; and

(d) such comments, if any, as the Governor may require him to forward to the complainant.

(2) In any case where he conducts an investigation, the Commissioner shall, unless he has already made a report under section 16(1) to the head of department affected, inform him, in such manner and at such time as he thinks fit, of the result of his investigation.

(3) Where the Commissioner is required by subsection (1) to inform the Member of the Legislative Council by whom the complaint was referred of any matter and that Member ceases to be a Member before the information is supplied, then such information shall be supplied to the Secretary General of the Office of The Members of Executive and Legislative Councils.

PART VI

SUPPLEMENTARY

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Privilege

18. For the purposes of the law of defamation, absolute privilege shall be attached to the publication of any matter-

(a) by the Commissioner or his staff to any person for the purpose of investigating a complaint under this Ordinance, or for the purposes of section 16, 17 or 22;

(b) by a Member of the Legislative Council to the Commissioner or his staff, or to a complainant, for any purpose under this Ordinance.

Duty of head of department

19. An investigation shall not affect any action taken by the head of 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

20. (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 13 and 14, 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.