COMMISSIONERS POWERS ORDINANCE, 1886
Title
COMMISSIONERS POWERS ORDINANCE, 1886
Description
No. 13 of 1886.
to enable the Governor to appoint commissioner for conducting
inquiries. [14th December, 1886.]
1. the Commissioners Powers ordinance, 1886.
2. the governor-in-council shall have power ot nominate and
appoint commissioners under the public seal for the purpose of
instituting , making , and conducting any inquiry that may be deem-
ed advisable , and for reporting thereon ; and also to appoint a
secretary or clerk to such commissioners , at such salary or
remuneration as eh may think fit.
3.all commissioners so appointed shall, if the Governor-in-
Council deems it expedient and provided that the commission
powers , rights , and privileges following:-
(1) all such powers as are vested in the court or in any judge
in the course of any action or suit in respect of the following
matters:-
(a) enforcing the attendance of witness and examing them
upon oath , or otherwise ;
(b) compelling the production of documents ;
(c) punishing persons guilty of contempt;and
(d) ordering an inspection of any property ;
and in such cases a summons under the hand of the chairman or
presiding member of any such commission countersigned by the
secretary or clerk , if any , to the commissioners may be substituted
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 compelling, the production of documents ; and any warrant of
committal to prison issued for the purpose of enforcing any such
powers as aforesaid shall be under the hand of the chairman or
presiding member of any such commission as aforesaid, counter-.
signed by the secretary or clerk as aforesaid, if any, and shall not
authorise the imprisonment of any offender for a period exceeding
3 months ;
(2) the power, for the purposes of their commission, to enter
and view premises; and
(3) the right to conduct every examination of witnesses either
in piiblic or private, as their commission may direct: Provided that
if such examination is 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.
(4)--If, in the opinion of the Governor-in- Council, the special
circumstances of any inquiry render it, necessary or expedient, and
provided the, Commision so directs, any person examined as a
witness in any inquiry as aforesaid who, in the opinion of the
commissioners, 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 the com-
mission, countersigned by the secretary or clerk, if any, stating
that the witness has npon his eamination made a full and true
disclosure as aforesaid.
(2) If any civil or criminal proceeding is at any time thereafter
instituted aganist 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 award to witness any
costs which lie may have been put to by the institution of the
proceeding: Provided that no evidenee, taken under the powers
conferred by this OrdMance 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 amended by No. 62 of 1911.
5. The Captain Superintendent of Police and all Inspectors of
Police, officers, gaolers, and bailiffs shall and they are hereby re-
quired to give their aid and assistance to all conimissioners so
appointed as aforesaid in the execution of their office.
6. Every person who, on examination upon Oath under this
Ordinance, wilfully gives false evidence shall be liable to the
penalties of perjury.
7. On the recommendation of any conmissioners so appointed
as aforesaid, the Governor shall have power to order that the actual
expenses for loss of tline or travelling of any witness examined
under this Ordinance shall be paid out of the Treasury.
8. In all cases, all commissioners appointed under this Ordi-
nance, shall have such and the like protection and privileges, in
ease of any action or suit brought against them for any act done
or omitted to be done in the execution of their duty, as is by law
given by any Ordinance to Magistrates or Justices acting in execu-
tion of their office.
9. Service on any person of a summons under this Ordinance may
be made by leaving the summons at his usual or last-known place
of residence or business in the Colony.
10. No person shall be liable to any action, sult, indictment, or
proceeding by reason of his publishing a true account of any
evidence taken in public in pursuance of the powers conferred by
this Ordinance or of any report of the commissioners made public,
by the authority of the Governor.
[s. 11, rep. No. 31 of 1911.]
Short title. Governor-in-Council may appoint commissioners. [33 & 34 Vict.c.105 s.5.] Powers of commissioners. [ib.s.6.] Indemnity to witness examined before commissioners. [33 & 34 Vict.c.105 s.7.] Police, etc., to aid commissioners. [33 & 34 Vict.c.105 s.6.] Punishment for false swearing. [ib.s.8.] Expenses of witness. [ib.s.9.] Protection to commissioners. [ib.s.10.][cf. No. 3 of 1890, ss. 114 et scq.] Service of summons. [ib.s.11. Protection to person publishing true account of evidence. [ib.s.12.]
to enable the Governor to appoint commissioner for conducting
inquiries. [14th December, 1886.]
1. the Commissioners Powers ordinance, 1886.
2. the governor-in-council shall have power ot nominate and
appoint commissioners under the public seal for the purpose of
instituting , making , and conducting any inquiry that may be deem-
ed advisable , and for reporting thereon ; and also to appoint a
secretary or clerk to such commissioners , at such salary or
remuneration as eh may think fit.
3.all commissioners so appointed shall, if the Governor-in-
Council deems it expedient and provided that the commission
powers , rights , and privileges following:-
(1) all such powers as are vested in the court or in any judge
in the course of any action or suit in respect of the following
matters:-
(a) enforcing the attendance of witness and examing them
upon oath , or otherwise ;
(b) compelling the production of documents ;
(c) punishing persons guilty of contempt;and
(d) ordering an inspection of any property ;
and in such cases a summons under the hand of the chairman or
presiding member of any such commission countersigned by the
secretary or clerk , if any , to the commissioners may be substituted
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 compelling, the production of documents ; and any warrant of
committal to prison issued for the purpose of enforcing any such
powers as aforesaid shall be under the hand of the chairman or
presiding member of any such commission as aforesaid, counter-.
signed by the secretary or clerk as aforesaid, if any, and shall not
authorise the imprisonment of any offender for a period exceeding
3 months ;
(2) the power, for the purposes of their commission, to enter
and view premises; and
(3) the right to conduct every examination of witnesses either
in piiblic or private, as their commission may direct: Provided that
if such examination is 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.
(4)--If, in the opinion of the Governor-in- Council, the special
circumstances of any inquiry render it, necessary or expedient, and
provided the, Commision so directs, any person examined as a
witness in any inquiry as aforesaid who, in the opinion of the
commissioners, 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 the com-
mission, countersigned by the secretary or clerk, if any, stating
that the witness has npon his eamination made a full and true
disclosure as aforesaid.
(2) If any civil or criminal proceeding is at any time thereafter
instituted aganist 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 award to witness any
costs which lie may have been put to by the institution of the
proceeding: Provided that no evidenee, taken under the powers
conferred by this OrdMance 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 amended by No. 62 of 1911.
5. The Captain Superintendent of Police and all Inspectors of
Police, officers, gaolers, and bailiffs shall and they are hereby re-
quired to give their aid and assistance to all conimissioners so
appointed as aforesaid in the execution of their office.
6. Every person who, on examination upon Oath under this
Ordinance, wilfully gives false evidence shall be liable to the
penalties of perjury.
7. On the recommendation of any conmissioners so appointed
as aforesaid, the Governor shall have power to order that the actual
expenses for loss of tline or travelling of any witness examined
under this Ordinance shall be paid out of the Treasury.
8. In all cases, all commissioners appointed under this Ordi-
nance, shall have such and the like protection and privileges, in
ease of any action or suit brought against them for any act done
or omitted to be done in the execution of their duty, as is by law
given by any Ordinance to Magistrates or Justices acting in execu-
tion of their office.
9. Service on any person of a summons under this Ordinance may
be made by leaving the summons at his usual or last-known place
of residence or business in the Colony.
10. No person shall be liable to any action, sult, indictment, or
proceeding by reason of his publishing a true account of any
evidence taken in public in pursuance of the powers conferred by
this Ordinance or of any report of the commissioners made public,
by the authority of the Governor.
[s. 11, rep. No. 31 of 1911.]
Short title. Governor-in-Council may appoint commissioners. [33 & 34 Vict.c.105 s.5.] Powers of commissioners. [ib.s.6.] Indemnity to witness examined before commissioners. [33 & 34 Vict.c.105 s.7.] Police, etc., to aid commissioners. [33 & 34 Vict.c.105 s.6.] Punishment for false swearing. [ib.s.8.] Expenses of witness. [ib.s.9.] Protection to commissioners. [ib.s.10.][cf. No. 3 of 1890, ss. 114 et scq.] Service of summons. [ib.s.11. Protection to person publishing true account of evidence. [ib.s.12.]
Abstract
Short title. Governor-in-Council may appoint commissioners. [33 & 34 Vict.c.105 s.5.] Powers of commissioners. [ib.s.6.] Indemnity to witness examined before commissioners. [33 & 34 Vict.c.105 s.7.] Police, etc., to aid commissioners. [33 & 34 Vict.c.105 s.6.] Punishment for false swearing. [ib.s.8.] Expenses of witness. [ib.s.9.] Protection to commissioners. [ib.s.10.][cf. No. 3 of 1890, ss. 114 et scq.] Service of summons. [ib.s.11. Protection to person publishing true account of evidence. [ib.s.12.]
Identifier
https://oelawhk.lib.hku.hk/items/show/830
Edition
1912
Volume
v1
Subsequent Cap No.
86
Cap / Ordinance No.
No. 13 of 1886
Number of Pages
3
Files
Collection
Historical Laws of Hong Kong Online
Citation
“COMMISSIONERS POWERS ORDINANCE, 1886,” Historical Laws of Hong Kong Online, accessed November 23, 2024, https://oelawhk.lib.hku.hk/items/show/830.
