COMMISSIONERS POWERS ORDINANCE

COMMISSIONERS POWERS ORDINANCE

THE

ORDINANCES OF HONG KONG.

CHAPTER 86.

COMMISSIONERS POWERS.

To enable the Governor to appoint commissioners for
conducting inquiries.

[14th December, 1886.]

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

2. The Governor in Council shall have

(a) 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

(b)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

(a)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

(i) enforcing the attendance of witnesses and examining
thern upon oath, or otherwise;

(ii) compelling the production of documents

(iii) punishing persons guilty of contempt; and

(iv) 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
aforesaid, if any, and shall not authorize the imprisonment of
any offender for a period exceeding three months;

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

(c) the right to conduct every examination of witnesses
either in public or private, as their commissin 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 aily 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 lily such inquiry shall be commenced without the
sanction of the Attorney, General.

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 wholc 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 appointed 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 commisisoners 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 summions under this Ordinance may
be made by leaving the surrinions at his, usual or last-known place of
residence or business in the Colony.

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 27 of 1886. Fraser 13 of 1886. 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. [s. 3 cont.] 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. Cap. 227.] Service of summons. 33 & 34 Vict, s. 105, s. 11. Protection to person publishing true account of evidence. 33 & 34 Vict, c. 105, s. 12.

Originally 27 of 1886. Fraser 13 of 1886. 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. [s. 3 cont.] 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. Cap. 227.] Service of summons. 33 & 34 Vict, s. 105, s. 11. Protection to person publishing true account of evidence. 33 & 34 Vict, c. 105, s. 12.

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