the-ordinances-of-the-legislative-counci-1890v2 — Page 281

HK Historical Laws 香港歷史法例 All

COMMISSIONERS POWERS . [ 27 of 1886. ] 871

mission as aforesaid, countersigned by the secretary,
or clerk ( if any ) to such commission, may be sub
stituted for and shall be equivalent to any form of
process capable of being issued in any action or suit
for enforcing the attendance of witnesses, or com
pelling the production of documents; and any
warrant of committal to prison issued for the pur
pose of enforcing any such powers as aforesaid shall
be under the hand of the chairman or presiding
member of any such commission as aforesaid , coun
tersigned by the secretary or clerk as aforesaid ( if
any ), and shall not anthorise the imprisonment of
any offender for a period exceeding three months.
( 2. ) The power for the purposes of their commission to
enter and view any premises.
( 3. ) The right to conduct every examination of witnesses
as aforesaid, either in public or private, as their
commission may direct ; provided that if such
examination be conducted in public, due notice
shall be given of the time and place of holding the
same, but with power to the commissioners to
adjourn any meeting from time to time and from
one place to another.
Indemnity to
4. If in the opinion of the Governor in Council the special witnesses.
circumstances of any inquiry render it necessary or expedient , Ibid. 5. 7.1
and provided the commission , under which the commissioners
are appointed , so direct, any person examined as a witness in
any inquiry as aforesaid, who in the opinion of the commis
sioners, makes a full and true disclosure touching all the matters
in respect of which he is examined, shall receive a certificate
under the hand of the chairman or presiding member of such
commission, countersigned by the secretary or clerk (if any ),
stating that the witness has upon his examination made a full
and true disclosure as aforesaid ; and if any civil or criminal
proceeding be at any time thereafter instituted against such
witness in respect of any matter touching which he has been
so examined , the tribunal before which such proceeding is
instituted shall, on the production and proof of the certificate,
stay the proceeding, and may in its discretion award to such
witness any costs he may have been put to by the institution
of the proceeding ; provided that no evidence taken under the
powers conferred by this ordinance shall be admissible against
any person in any civil or criminal proceeding whatever, except
in the case of a witness who may be accused of having given
false evidence before any such commissioners as aforesaid con
ducting any inquiry.

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