COMMISSIONERS POWERS ORDINANCE, 1886

COMMISSIONERS POWERS ORDINANCE, 1886

ORDINANCE 'a. 2 of 1886.

Commissioners Powers.

No. 27 of 1886,

Am Ordinance entitled An Ordinance to enable tie Governor of
Hongkong to appoint Cornmissions 2cncier the seal of the Colony
and to confer certain powers on Commissioners so appointed

necessary, for conducting Inquiries.

a043

[ 14th Lleceinber, 1886.

~E it enacted by the Governor of Hongkong, , with the advice of the
_j_] Legislative Council thereof, as follows:-

1. This Ordinance may be cited for all purposes as 11 The Coinads- Short
title.
sinners Powers Ordinance, 1b36.'

2. The Governor in Council shall have power to nominate and
appoint commissioners under the seal of the Colony for the purpose o f
instituting mahin~; and conducting any inquiry that may be deemed
advisable or necessary and for reporting thereon; and also to appoint a
secretary or clerk to such conmnissioners' at such salary, or remuneration
as he may think fit; and in case of any va,ca~ncy occurring in tile office
of any commissioner, secretary, or clergy, so appointed by reason of such
commissioner, secretary, or clerk dyngr, resigning, declining, or being or
becoming incapable to act, from time to time in like manner to fill up

such vacancy. `

Tower to
Governor to
appoint com-
missioners.

Power to sill

VaC&nClf;q.
433 and 84 V
a. 105, s. 6.a,

$. All commissioners so appointed as aforesaid; shall if the Governor
rower

comnais-
in Council deem it necessary: or expedient, and provided that the commis-
sioners

ointed
lion, under which they are appointed, so direct, have all or .any of the
app Govemor.

powers, rights; and privileges following that is to say:- Fbld. s:_6.]

(l.) All such powers as are now or may hereafter be vested in
tae Supreme Court of the Colony or in any Fudge for

the time being thereof on -'the occasion of any action or

suit in respect of the follocvina matters :-

M

(a. ) The enforcing the attendance of -witnesses and
examininb them on oath, affirmation, or
otherwise, as they or he may think fit.

(b.) The compelling the production of documents.

( c. ) The pun~ahing persons builty of contempt..

(d.) The ing an inspection of any-property.
ORDINANCE No. 27 of 1886.

Commissioners Powers.

And in such, cases a summons under the hand of the
chairman or presiding member of any such commission
as aforesaid, countersigned by the secretary, or clerk (if
any) to such commission, nay be substituted for and
shall be equi-valent to any form of process capable of
being issued in any action or suit for enforcing the
attendance of witnesses; or comhellinb 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 authorise the imprisonment of aay
offender for a period exceeding three months.

(2.) The power for the purposes of their commission to enter
and vie'-~ny premises.

duct ever examination of witnesses as
3

public or prix ate, as their commission
~d that if such examination be con-
d4?notice shall -~.~ehof , the time
~`~a~ game, bU t ''T th ,dower to the6;U
~ ~rany_ men r~from time to time
~4 r. ;

and from one place ~ ant~

4. If in the opinion of the Governor in Council the special circumstances
of any inquiry render it necessary `~ yp~ _ ~ 4rovided the
commission, under which the commissioner s ark ~~d~direct, any

person examined as a witness in any inquiry
opinion of the commissioners, ,makes a full and

all the matters in respect of which he is examined,, sl~A~'Ve.L
certificate
ui4der the hand of the chairman or presiding nzemb(*a~Wcommission,
countersigned by the secretary or clerk (if ,any), stazl', r th~t< the
witness,
has upon his examination made` a full and true dis6d~ :aforesaid
grid if' any civil or ~ cr iminal proceeding be at any tinri~j 'r
institute
aora,irlst such witness in: respect of any mat ter toucvi~'r~:.c~`-be has
been'
so examined, the tribunal before which such proceedz~uted shah;
oU' the production and proof of the certificate, stay `~b,=#~eding, and
Maw in its discretion award to such .~ess any cosh , a;have bEell
ORDINANCE No. 27 of 1886.

Commissioners Powcrs.

put to by the institution of the pro.-eeding ; 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 cornrnissioners as aforesaid conducting any inquiry.

5. The Captain Superintendent of Police for the time being * 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. Every person who upon examination upon oath or affirmation or Penalty
far
false swear-
otherwise under this Ordinance wilfully gives false 'evidence shall be
ing, &,c.
liable to the penalties of perjury. ~rbzd. s.'s.~

7. Upon the recommendation of any commissioners so appointed as Expenses
of
witnesses.
aforesaid, the Governor shall have power to order that the actual
expenses (Ibid. . :1
for loss of tirne or travelling of any witness examined under this Ordi-
nance be paid out of the Colonial 'treasury.

$, 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 auainst them far airy act done or omitted to be done in
the
execution of their duty, as is by law given by any Ordinance or Ordi-
nancesnow or hereafter to be in force to Magistrates or Justices acting in
execution of their office.

9. Service upon any person of a summons under this Ordinance may service
of a

be made by leaving the summons at his usual or ,last known place of
[Ibid. °~ ii.`
residence or business in the Colony. -

10. 'No person shall be liable to any action, suit, indictment, or
Protection to

proceeding b reason of his ublisling u. true account of any evidence pe~one
1 Y p y publis'~ing

taken in public in pursuance of the powers conferred by this Ordinance
or tree accocnt
of evidence:
[Ibid. s. 12.]
of any report of the commissioners made public by the authority of the.
Governor.

11. N o action or suit shall be brought against any commissioners
Lin,itatian o
appointed under this Ordinance or any other person whomsoever, for
an°ti°~.°.

Y p y- ~..iv~d. s. a.s:1

thing done in the execution of their or his duty under this Ordinance or
under the powers conferred upon them or him by: their or his appointment
or,commission unless such action or suit be brought within six months
next after the doing of such thing.

2t1~51~

Police i1i<i to
commis-
sioners.
[bid. s. 6.]

Pxotection tip-.
comna~a~ T>
Mows.
2043
Short title.
Power to Governor to appoint commissioners.
Power to fill vacancies.
[33 and 34 V. c. 105, s. 5.]
Power of commissioners appointed by the Governor.
[Ibid. s. 6.]
2044
Indemnity to witnesses.
[Ibid. s. 7.]
2045
Police aid to commissioners.
[Ibid. s. 6.]
Penalty for false swearing, &c.
[Ibid. s. 8.]
Expenses of witnesses.
[Ibid. s. 9.]
Protection to commissioners.
[Ibid. s. 10.]
Service of a summons.
[Ibid. s. 11.]
Protection to persons publishing true accounts of evidence.
[Ibid. s. 12.]
Limitation of actions.
[Ibid. s. 13.]

2043
Short title.
Power to Governor to appoint commissioners.
Power to fill vacancies.
[33 and 34 V. c. 105, s. 5.]
Power of commissioners appointed by the Governor.
[Ibid. s. 6.]
2044
Indemnity to witnesses.
[Ibid. s. 7.]
2045
Police aid to commissioners.
[Ibid. s. 6.]
Penalty for false swearing, &c.
[Ibid. s. 8.]
Expenses of witnesses.
[Ibid. s. 9.]
Protection to commissioners.
[Ibid. s. 10.]
Service of a summons.
[Ibid. s. 11.]
Protection to persons publishing true accounts of evidence.
[Ibid. s. 12.]
Limitation of actions.
[Ibid. s. 13.]

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1890

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No. 27 of 1886

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