COMMISSIONERS POWERS ORDINANCE, 1886

COMMISSIONERS POWERS ORDINANCE, 1886

No. 13 of 1886.

An Ordinance to enable the Governor to appoint commissioner.
for conducting inquiries.
[14th December, 1886.]

1. This Ordinance may be cited as the Commissioners
Powers Ordinance, 1886.

As amended by Law Rev. Ord., 1937.
Ss., 3 to 10 of this Ordinance apply to a Board appointed under the
Mininium Wage Ordinance, 1932 : see No. 28 of 1932, s. 2 (3). A
court of inquiry under the Forestry Ordinance, 1937, has the powers
and privileges of commissioners under this Ordinance : see No. 11
of 1937, s. 8





2. The Governor in Council shall have power to nominate
and appoint commissioners under the public seal for the purpose
of instituting, making, and conducting any inquiry that may
be deemed advisable, and for reporting thereon; and also to
appoint a secretary or clerk to such commissioners, at such salary
or remuneration as he may think fit.

3. All commissioners so appointed shall, if the Governor in
Council deems it expedient and provided that the commission
under which they are appointed so directs, have all or any of
the powers, rights, and privileges following:-

(i) 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 witnesses and examining
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., countersigned by the secretary or
clerk as.a.foresaid, if any, and shall not authorize the imprison-.
ment of any offender for a period exceeding three months;

the power, for the purposes of their commission, to
enter and view any premises; and

(3) the right to conduct every examination of witnesses
either in public 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.-(1) No action of any description other than criminal
proceedings shall be maintained against any person examined
at any inquiry authorized by this Ordinance, in respect of any
statement made or document produced by him, merely by
reason of his making the statement or producing the document
at the inquiry.

(2) No prosecution in respect of any statement made or
document produced at any such inquiry shall be commenced
without the sanction of tile Attorney Gen eral.

5. The Commissioner of Police.and all inspectors of police,
officers, gaolers, and bailiffs shall and they are hereby required
to give their aid and assistance to all commissioners so appointed
as aforesaid in the execution of their office.

6. Any person whose conduct is the subject of inquiry under
this Ordinance, or who is in any way implicated or concerned
in the matter under inquiry shall be entitled to be represented
by counsel or a solicitor at the whole of the inquiry, and
any other person who may consider it desirable that he should
be so represented may, by leave of the commissioners, be
represented in the manner aforesaid.

7. On the recommendation of any commissioners so appoint-
ed as aforesaid, the Governor shall have power to order that
the actual expenses for loss of time 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
Ordinance shall have such and the like protection and privileges,
in case 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 execution 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.

As amended by No. 1 of 1934 [29.3.341.
t As amended by Law Rev. Ord., 1937.

10. No-person shall be liable to any action, suit, 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.
[Originally no. 27 of 1886. No. 18 of 1929. No. 1 of 1934. Law Rev. Ord., 1937.] Short title. Governor in Council may appoint commissioners. 33 & 34 Vict. C. 105, s. 5. Powers of commissioners. 33 & 34 Vict. C. 105, s. 6. Proceedings arising from examination of witnesses. Police, etc., to aid commissioners. 33 & 34 Vict. C. 105, s. 6. Appearance of counsel, etc. [Expenses of witness. 33 & 34 Vict. C. 105, s. 9. Protection to commissioners. 33 & 34 Vict. C. 105, s. 10. [cf. No. 41 of 1932, Part VII.] Service of summons. 33 & 34 Vict. c. 105, s. 11. Protection to person publishing true account of evidence. 33 & 34 Vict. C. 105, s. 12.

[Originally no. 27 of 1886. No. 18 of 1929. No. 1 of 1934. Law Rev. Ord., 1937.] Short title. Governor in Council may appoint commissioners. 33 & 34 Vict. C. 105, s. 5. Powers of commissioners. 33 & 34 Vict. C. 105, s. 6. Proceedings arising from examination of witnesses. Police, etc., to aid commissioners. 33 & 34 Vict. C. 105, s. 6. Appearance of counsel, etc. [Expenses of witness. 33 & 34 Vict. C. 105, s. 9. Protection to commissioners. 33 & 34 Vict. C. 105, s. 10. [cf. No. 41 of 1932, Part VII.] Service of summons. 33 & 34 Vict. c. 105, s. 11. Protection to person publishing true account of evidence. 33 & 34 Vict. C. 105, s. 12.

https://oelawhk.lib.hku.hk/items/show/1424

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