1964_COMMISSIONS_OF_INQUIRY_ORDINANCE — Page 6

HK Historical Laws 香港歷史法例 All AI Reviewed

1976 Ed.]

Commissions of Inquiry

[CAP. 86

5

(2) Without prejudice to the powers conferred on a Commission by subsection (1)(ma), where the Commission consists of one Commissioner he may himself, and where the Commission consists of more than one Commissioner one or more of the Commissioners, selected by the Commission may, subject to subsection (3), inspect the books and documents referred to in subsection (1)(ma), and in so doing he or they shall, for the purposes of this Ordinance, be deemed to have been duly appointed an inspector or inspectors, as the case may be, under subsection (1)(ma). (Added, 49 of 1976, s. 3)

(3) The power to appoint an inspector or inspectors under subsection (1), and the powers conferred by subsection (2), shall not be exercised by a Commission or Commissioner without the consent of the Governor in Council, and in giving such consent the Governor in Council may limit the power of inspection to inspection only of the books and documents referred to in subsection (1)(ma)(i) or, where consent is given in relation to the inspection of books and documents referred to in subsection (1)(ma)(ii), may limit the power of inspection to inspection only of the books and documents of or relating to the affairs of a particular public body or other body of persons, corporate or unincorporate. (Added, 49 of 1976, s. 3)

Conduct of

5. Without derogating from the generality of the power conferred under section 4(1)(m) the Commission may- (Amended, 49 of 1976, s. 4)

(a) order the manner in which any person shall give his oral evidence and may specify that this shall be by way of cross-examination without any examination-in-chief, and

(b) determine who may address the Commission, on what matters and in what order.

sentation.

6. (1) Any person whose conduct is the subject of an inquiry, Right to repre- or who is implicated or concerned in the subject matter of the inquiry, shall, subject to the provisions of section 4, be entitled to be represented by a barrister or solicitor at the inquiry.

(2) For the purpose of subsection (1), the Commission shall determine whether the conduct of any person is the subject of the inquiry or whether a person is in any way implicated or concerned in the subject matter of the inquiry.

(3) The Governor, any Government department and any public officer shall, notwithstanding the provisions of subsections (1) and (2) but subject to the provisions of section 4, be entitled to be represented at the inquiry by a legal officer, or by a barrister or solicitor who may-

(a) address the Commission on any matter on which he is so instructed by the Chief Secretary or by the Attorney General, and (Amended, L.N. 226/76)

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1976 Ed.] Commissions of Inquiry [CAP. 86 5 (2) Without prejudice to the powers conferred on a Commission by subsection (1)(ma), where the Commission consists of one Commissioner he may himself, and where the Commission consists of more than one Commissioner one or more of the Commissioners, selected by the Commission may, subject to subsection (3), inspect the books and documents referred to in subsection (1)(ma), and in so doing he or they shall, for the purposes of this Ordinance, be deemed to have been duly appointed an inspector or inspectors, as the case may be, under subsection (1)(ma). (Added, 49 of 1976, s. 3) (3) The power to appoint an inspector or inspectors under subsection (1), and the powers conferred by subsection (2), shall not be exercised by a Commission or Commissioner without the consent of the Governor in Council, and in giving such consent the Governor in Council may limit the power of inspection to inspection only of the books and documents referred to in subsection (1)(ma)(i) or, where consent is given in relation to the inspection of books and documents referred to in subsection (1)(ma)(ii), may limit the power of inspection to inspection only of the books and documents of or relating to the affairs of a particular public body or other body of persons, corporate or unincorporate. (Added, 49 of 1976, s. 3) Conduct of 5. Without derogating from the generality of the power conferred under section 4(1)(m) the Commission may- (Amended, 49 of 1976, s. 4) (a) order the manner in which any person shall give his oral evidence and may specify that this shall be by way of cross-examination without any examination-in-chief, and (b) determine who may address the Commission, on what matters and in what order. sentation. 6. (1) Any person whose conduct is the subject of an inquiry, Right to repre- or who is implicated or concerned in the subject matter of the inquiry, shall, subject to the provisions of section 4, be entitled to be represented by a barrister or solicitor at the inquiry. (2) For the purpose of subsection (1), the Commission shall determine whether the conduct of any person is the subject of the inquiry or whether a person is in any way implicated or concerned in the subject matter of the inquiry. (3) The Governor, any Government department and any public officer shall, notwithstanding the provisions of subsections (1) and (2) but subject to the provisions of section 4, be entitled to be represented at the inquiry by a legal officer, or by a barrister or solicitor who may- (a) address the Commission on any matter on which he is so instructed by the Chief Secretary or by the Attorney General, and (Amended, L.N. 226/76)
Baseline (Original)
1976 Ed.] Commissions of Inquiry [CAP. 86 5 (2) Without prejudice to the powers conferred on a Com- mission by subsection (1)(ma), where the Commission consists of one Commissioner he may himself, and where the Commission consists of more than one Commissioner one or more of the Com- missioners, selected by the Commission may, subject to sub- section (3), inspect the books and documents referred to in subsection (1)(ma), and in so doing he or they shall, for the purposes of this Ordinance, be deemed to have been duly appointed an inspector or inspectors, as the case may be, under subsection (1)(ma). (Added, 49 of 1976, s. 3) (3) The power to appoint an inspector or inspectors under subsection (1), and the powers conferred by subsection (2), shall not be exercised by a Commission or Commissioner without the consent of the Governor in Council, and in giving such consent the Governor in Council may limit the power of inspection to inspection only of the books and documents referred to in sub- section (1)(ma)(i) or, where consent is given in relation to the inspection of books and documents referred to in subsection (1)(ma)(ii), may limit the power of inspection to inspection only of the books and documents of or relating to the affairs of a partic- ular public body or other body of persons, corporate or un- incorporate. (Added, 49 of 1976, s. 3) Conduct of 5. Without derogating from the generality of the power conferred under section 4(1)(m) the Commission may- (Amended, inquiry. 49 of 1976, s. 4) (a) order the manner in which any person shall give his oral evidence and may specify that this shall be by way of cross-examination without any examination-in-chief, and (b) determine who may address the Commission, on what matters and in what order. sentation. 6. (1) Any person whose conduct is the subject of an inquiry, Right to repre- or who is implicated or concerned in the subject matter of the inquiry, shall, subject to the provisions of section 4, be entitled to be represented by a barrister or solicitor at the inquiry. (2) For the purpose of subsection (1), the Commission shall determine whether the conduct of any person is the subject of the inquiry or whether a person is in any way implicated or concerned in the subject matter of the inquiry. (3) The Governor, any Government department and any public officer shall, notwithstanding the provisions of subsections (1) and (2) but subject to the provisions of section 4, be entitled to be represented at the inquiry by a legal officer, or by a barrister or solicitor who may- (a) address the Commission on any matter on which he is so instructed by the Chief Secretary or by the Attorney General, and (Amended, L.N. 226/76)
2026-05-04 09:25:53 · Baseline
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1976 Ed.]

Commissions of Inquiry

[CAP. 86

5

(2) Without prejudice to the powers conferred on a Com- mission by subsection (1)(ma), where the Commission consists of one Commissioner he may himself, and where the Commission consists of more than one Commissioner one or more of the Com- missioners, selected by the Commission may, subject to sub- section (3), inspect the books and documents referred to in subsection (1)(ma), and in so doing he or they shall, for the purposes of this Ordinance, be deemed to have been duly appointed an inspector or inspectors, as the case may be, under subsection (1)(ma). (Added, 49 of 1976, s. 3)

(3) The power to appoint an inspector or inspectors under subsection (1), and the powers conferred by subsection (2), shall not be exercised by a Commission or Commissioner without the consent of the Governor in Council, and in giving such consent the Governor in Council may limit the power of inspection to inspection only of the books and documents referred to in sub- section (1)(ma)(i) or, where consent is given in relation to the inspection of books and documents referred to in subsection (1)(ma)(ii), may limit the power of inspection to inspection only of the books and documents of or relating to the affairs of a partic- ular public body or other body of persons, corporate or un- incorporate. (Added, 49 of 1976, s. 3)

Conduct of

5. Without derogating from the generality of the power conferred under section 4(1)(m) the Commission may- (Amended, inquiry. 49 of 1976, s. 4)

(a) order the manner in which any person shall give his oral

evidence and may specify that this shall be by way of cross-examination without any examination-in-chief, and

(b) determine who may address the Commission, on what

matters and in what order.

sentation.

6. (1) Any person whose conduct is the subject of an inquiry, Right to repre- or who is implicated or concerned in the subject matter of the inquiry, shall, subject to the provisions of section 4, be entitled to be represented by a barrister or solicitor at the inquiry.

(2) For the purpose of subsection (1), the Commission shall determine whether the conduct of any person is the subject of the inquiry or whether a person is in any way implicated or concerned in the subject matter of the inquiry.

(3) The Governor, any Government department and any public officer shall, notwithstanding the provisions of subsections (1) and (2) but subject to the provisions of section 4, be entitled to be represented at the inquiry by a legal officer, or by a barrister or solicitor who may-

(a) address the Commission on any matter on which he is so instructed by the Chief Secretary or by the Attorney General, and (Amended, L.N. 226/76)

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