12
CAP. 397]
Commissioner for Administrative Complaints
[1988 Ed.
(3) The Governor may from time to time, by notice to the Commissioner, 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.
Delegation of powers and duties of the Commissioner
21. (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.
Annual report
22. (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.
Offences
23. Any person who-
(a) without lawful excuse, obstructs, hinders or resists the Commissioner 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,
commits an offence and is liable to a fine of $10,000 and to imprisonment for 6 months.
Power to amend Schedule 1
24. Where any new department is created, or where any department is abolished or reorganized, or its name is altered, the Governor in Council may, by order published in the Gazette, make such amendments to Schedule 1 as may be necessary to include the name of the new department, or to give effect to the abolition, reorganization or alteration.
1
12
CAP. 397]
Commissioner for Administrative Complaints
[1988 Ed.
(3) The Governor may from time to time, by notice to the Commissioner, 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.
Delegation of powers and duties of the Commissioner
21. (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.
Annual report
22. (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.
Offences
23. Any person who-
(a) without lawful excuse, obstructs, hinders or resists the Commissioner 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, commits an offence and is liable to a fine of $10,000 and to imprisonment for 6 months.
Power to amend Schedule 1
24. Where any new department is created, or where any department is abolished or reorganized, or its name is altered, the Governor in Council may, by order published in the Gazette, make such amendments to Schedule 1 as may be necessary to include the name of the new department, or to give effect to the abolition, reorganization or alteration.
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