【 标 题 】第86章 调查委员会条例
Cap 86 COMMISSIONS OF INQUIRY ORDINANCE
 

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Cap 86 Long title

To provide for commissions of inquiry and for purposes connected therewith.

[12 July 1968]

(Originally 28 of 1968)

Cap 86 s 1 Short title

This Ordinance may be cited as the Commissions of Inquiry Ordinance.

Cap 86 s 2 Appointment of Commission

Remarks:

Amendments retroactively made - see 25 of 1998 s. 2

(1) The Chief Executive in Council may appoint one or more Commissioners (hereinafter referred to as a Commission) to inquire into the conduct or management of any public body, the conduct of any public officer or into any matter whatsoever which is, in his opinion, of public importance. (Amended 25 of 1998 s. 2)
(2) When appointing a Commission under subsection (1) the Chief Executive in Council may- (Amended 25 of 1998 s. 2)(a) nominate a Chairman if 2 or more Commissioners are appointed, and confer on such Chairman a second or casting vote for use where the Commission shall, in any case, be equally divided on any question arising during the proceedings;
(b) fix the quorum at meetings thereof if 2 or more Commissioners are appointed;
(c) appoint a secretary to the Commission, assistant secretaries and other staff;
(d) appoint a legal adviser to the Commission;
(e) appoint additional Commissioners or persons in substitution for Commissioners who may die, resign, refuse to act, or become incapable of acting.(3) Where a new Commissioner has been appointed under subsection (2), it shall not be necessary for any evidence which may have been taken before the Commission prior to such appointment to be retaken.
(4) The appointment of a Commission shall be published in the Gazette.

Cap 86 s 2 Appointment of Commission

Remarks:

Amendments retroactively made - see 25 of 1998 s. 2

(1) The Chief Executive in Council may appoint one or more Commissioners (hereinafter referred to as a Commission) to inquire into the conduct or management of any public body, the conduct of any public officer or into any matter whatsoever which is, in his opinion, of public importance. (Amended 25 of 1998 s. 2)
(2) When appointing a Commission under subsection (1) the Chief Executive in Council may- (Amended 25 of 1998 s. 2)(a) nominate a Chairman if 2 or more Commissioners are appointed, and confer on such Chairman a second or casting vote for use where the Commission shall, in any case, be equally divided on any question arising during the proceedings;
(b) fix the quorum at meetings thereof if 2 or more Commissioners are appointed;
(c) appoint a secretary to the Commission, assistant secretaries and other staff;
(d) appoint a legal adviser to the Commission;
(e) appoint additional Commissioners or persons in substitution for Commissioners who may die, resign, refuse to act, or become incapable of acting.(3) Where a new Commissioner has been appointed under subsection (2), it shall not be necessary for any evidence which may have been taken before the Commission prior to such appointment to be retaken.
(4) The appointment of a Commission shall be published in the Gazette.

Cap 86 s 3 Directions to Commission

Remarks:

Amendments retroactively made - see 25 of 1998 s. 2

The Chief Executive in Council may specify the subject of the inquiry and may direct- (Amended 25 of 1998 s. 2)(a) when and where the inquiry is to be held, to whom and by what time a report thereon is to be rendered, and may from time to time enlarge the time within which such inquiry is to be held and such report rendered;
(b) without prejudice to the powers of the Commission to receive and consider such other evidence as it may think fit, what material should be received and considered by the Commission;
(c) what matters should be outside the terms of reference of the Commission;
(d) that the evidence of certain persons or classes of persons be taken, either orally or in writing, and that certain documents or classes of documents be inspected by the Commission;
(e) without prejudice to the powers conferred upon the Commission by section 4(1)(i), that the holding of the inquiry or parts thereof be in camera; (Amended 49 of 1976 s.2)
(f) that the Commissioners take the oath or affirmation in the form set out in the Schedule; and (See Form 1)
(g) that the Commission shall have and exercise the powers conferred by section 9 to punish all or any of the contempts specified in section 8.

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