CAP. 397]
Commissioner for Administrative Complaints
[1988 Ed.
(6) If at any time during the course of an investigation it appears to the Commissioner that there may be sufficient grounds for him to make any report or recommendation that may criticize or adversely affect any officer, department or person he shall give to the officer, head of department affected or person an opportunity to be heard.
Evidence
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 Commissioner; 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 department, 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 complainants and witnesses incurred during the course of an investigation under this Ordinance.
Protection of witnesses, etc.
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.
8
CAP. 397]
Commissioner for Administrative Complaints
[1988 Ed.
(6) If at any time during the course of an investigation it appears to the Commissioner that there may be sufficient grounds for him to make any report or recommendation that may criticize or adversely affect any officer, department or person he shall give to the officer, head of department affected or person an opportunity to be heard.
Evidence
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 Commissioner; 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 department, 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 sec- tion 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 complainants and witnesses incurred during the course of an investigation under this Ordinance.
Protection of witnesses, etc.
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.
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