COMMISSIONERS' POWERS ORDINANCE, 1886
Title
COMMISSIONERS' POWERS ORDINANCE, 1886
Description
ORDINANCE NO. 13 OF 1886
Commissioners' Powers
AN ORDINANCE to enable the governor to appoint commissions
under the seal of the colony and to confer certain powers
upon commissioners so appointed necessary for conducting
inquiries. [14th December, 1886]
BE it enacted by the governor of hongkong, with the advice of the
legislative council thereof, as follows:-
1 this ordinance may be cited as the commissioners' powers ordinance, 1886.
2 the Governor-in-Council shall have power to nominate and appoint
commissioners under the seal of the colony for the purpose of instituting,
making, 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 commissioners, at such salary or remuneration as he
may think fit; and, in case of any vacancy occurring in the office of
any commissioner, secretary, or clerk so appointed by reason of such
commissioner, secretary, or clerk dying, resigning, declining, or being, or
becoming incapable to act, from time to time in like manner to fill up
such vacancy.
3 all commissioners so appointed as aforesaid shall, if the Governor-in-Council
deems it necessary or expedient and provided that the commission under which
they are appointed so directs, ahve all or any of
the powers, rights, and privileges following; that to say,-
(1) all such pwers as are now or may hereafter be vested in the
supreme court or in any judge for the time being threof on the
occasion of any action or suit in respect of the following matters:-
(a) the enforcing the attendance of witnesses and examining them
upon oath, affirmation, or otherwise, as it or he may think fit;
(b) the compelling the production of documents;
(c) the punishing persons guilty of contempt; and
(d) the 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 as aforesaid, counter-
signed 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 chariman
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;
(2) the power, for the purposes of their commission, to enter and
view any premises; and
(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 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) if, in the opinion of the Governor-in-Council, the special
circumstances of any inquiry render it necessary or expedient, and
provided the commission under which the commissioners are appointed
so directs, any person examined as a witness in any inquiry as aforesaid
who, in the opinion of the commissioners, make 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 commission, countersigned by the secretary of cler, if any,
stating that the witness has upon hius examination made a full and true
discloure as aforesaid.
(2) if any civil or criminal proceeding is 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 this discretion, award to such witness any costs
which 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 conducting any inquiry.
5 the captain superintendent of police for the time being and all
inspecotrs 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, on examination upon oath or affirmation or
otherwise under this ordinance, wilfully gives false evidence shall be
liable to the penalties of perjury.
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 colonial 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
for the time being in force to magistrates or justices acting in execution
of their office.
9 service on any person of 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, suit, indictment, or proceeding
by reason of his publishing a true accoutn of any evidence
taken in public in pursuance of the powers conferred by this ordinance
or of any report of the comissioners made public by the authority of
the governor.
11. No action or suit shall be brought against any commissioners
appointed under this ordinance, or any other person whomsoever, for
anything 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 is brought wihtin six
months next after the doing of such thing.
A.D. 1886. Ordinance No. 27 of 1886. Short title. Power to Governor-in-Council to 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. Duty of Police, etc., to aid commissioners. Ib.s.6. Punishment for false swearing. Ib.s.8. Expenses of witness. Ib.s.9. Protection to commissioners. Ib.s.10. See Ordinance No. 3 of 1890. Service of summons. 33 & 34 Vict.c. 105 s. 11. Protection to person publishing true account of evidence. Ib.s.12.
Limitation of actions. Ib.s.13.
Commissioners' Powers
AN ORDINANCE to enable the governor to appoint commissions
under the seal of the colony and to confer certain powers
upon commissioners so appointed necessary for conducting
inquiries. [14th December, 1886]
BE it enacted by the governor of hongkong, with the advice of the
legislative council thereof, as follows:-
1 this ordinance may be cited as the commissioners' powers ordinance, 1886.
2 the Governor-in-Council shall have power to nominate and appoint
commissioners under the seal of the colony for the purpose of instituting,
making, 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 commissioners, at such salary or remuneration as he
may think fit; and, in case of any vacancy occurring in the office of
any commissioner, secretary, or clerk so appointed by reason of such
commissioner, secretary, or clerk dying, resigning, declining, or being, or
becoming incapable to act, from time to time in like manner to fill up
such vacancy.
3 all commissioners so appointed as aforesaid shall, if the Governor-in-Council
deems it necessary or expedient and provided that the commission under which
they are appointed so directs, ahve all or any of
the powers, rights, and privileges following; that to say,-
(1) all such pwers as are now or may hereafter be vested in the
supreme court or in any judge for the time being threof on the
occasion of any action or suit in respect of the following matters:-
(a) the enforcing the attendance of witnesses and examining them
upon oath, affirmation, or otherwise, as it or he may think fit;
(b) the compelling the production of documents;
(c) the punishing persons guilty of contempt; and
(d) the 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 as aforesaid, counter-
signed 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 chariman
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;
(2) the power, for the purposes of their commission, to enter and
view any premises; and
(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 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) if, in the opinion of the Governor-in-Council, the special
circumstances of any inquiry render it necessary or expedient, and
provided the commission under which the commissioners are appointed
so directs, any person examined as a witness in any inquiry as aforesaid
who, in the opinion of the commissioners, make 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 commission, countersigned by the secretary of cler, if any,
stating that the witness has upon hius examination made a full and true
discloure as aforesaid.
(2) if any civil or criminal proceeding is 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 this discretion, award to such witness any costs
which 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 conducting any inquiry.
5 the captain superintendent of police for the time being and all
inspecotrs 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, on examination upon oath or affirmation or
otherwise under this ordinance, wilfully gives false evidence shall be
liable to the penalties of perjury.
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 colonial 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
for the time being in force to magistrates or justices acting in execution
of their office.
9 service on any person of 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, suit, indictment, or proceeding
by reason of his publishing a true accoutn of any evidence
taken in public in pursuance of the powers conferred by this ordinance
or of any report of the comissioners made public by the authority of
the governor.
11. No action or suit shall be brought against any commissioners
appointed under this ordinance, or any other person whomsoever, for
anything 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 is brought wihtin six
months next after the doing of such thing.
A.D. 1886. Ordinance No. 27 of 1886. Short title. Power to Governor-in-Council to 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. Duty of Police, etc., to aid commissioners. Ib.s.6. Punishment for false swearing. Ib.s.8. Expenses of witness. Ib.s.9. Protection to commissioners. Ib.s.10. See Ordinance No. 3 of 1890. Service of summons. 33 & 34 Vict.c. 105 s. 11. Protection to person publishing true account of evidence. Ib.s.12.
Limitation of actions. Ib.s.13.
Abstract
A.D. 1886. Ordinance No. 27 of 1886. Short title. Power to Governor-in-Council to 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. Duty of Police, etc., to aid commissioners. Ib.s.6. Punishment for false swearing. Ib.s.8. Expenses of witness. Ib.s.9. Protection to commissioners. Ib.s.10. See Ordinance No. 3 of 1890. Service of summons. 33 & 34 Vict.c. 105 s. 11. Protection to person publishing true account of evidence. Ib.s.12.
Limitation of actions. Ib.s.13.
Limitation of actions. Ib.s.13.
Identifier
https://oelawhk.lib.hku.hk/items/show/626
Edition
1901
Volume
v1
Subsequent Cap No.
86
Cap / Ordinance No.
No. 13 of 1886
Number of Pages
4
Files
Collection
Historical Laws of Hong Kong Online
Citation
“COMMISSIONERS' POWERS ORDINANCE, 1886,” Historical Laws of Hong Kong Online, accessed May 15, 2025, https://oelawhk.lib.hku.hk/items/show/626.
