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Chapter: | 455
 | Title: | ORGANIZED AND SERIOUS CRIMES ORDINANCE | Gazette Number: | 25 of 1998; 13 of 1999 |
| Section: | 28 | Heading: | Disclosure of information held by public bodies | Version Date: | 01/07/1997 |
15, 16, 17
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2; 13 of 1999 s. 3
(1) Subject to subsection (4), the Court of First Instance may, on an application by the prosecutor, order any material mentioned in subsection (3) which is in the possession of a public body to be produced to the Court of First Instance within such period as the Court of First Instance may specify.
(2) The power to make an order under subsection (1) is exercisable if-
- (a) the powers conferred on the Court of First Instance by sections 15(1) and 16(1) are exercisable by virtue of section 14(1); or
(b) those powers are exercisable by virtue of section 14(2) and the Court of First Instance has made a restraint or charging order which has not been discharged,
(3) The material referred to in subsection (1) is any material which-
- (a) has been submitted to an officer of a public body by the defendant or by a person who has at any time held property which was realisable property;
(b) has been made by an officer of a public body in relation to the defendant or such a person; or
(c) is correspondence which passed between an officer of a public body and the defendant or such a person,
(4) An order under subsection (1) shall not require the production of any material unless it appears to the Court of First Instance that the material is likely to contain information that would facilitate the exercise of the powers conferred on the Court of First Instance by sections 15 to 17 or on a receiver appointed under section 15 or 17 or in pursuance of a charging order. <* Note - Exp. X-Ref.: Sections 15, 16, 17 *>
(5) The Court of First Instance may by order authorize the disclosure to such a receiver of any material produced under subsection (1) or any part of such material; but the Court of First Instance shall not make an order under this subsection unless a reasonable opportunity has been given for an officer of the public body to make representations to the Court of First Instance.
(6) Material disclosed in pursuance of an order under subsection (5) may, subject to any conditions contained in the order, be further disclosed for the purposes of the functions under this Ordinance of the receiver or the Court of First Instance.
(7) The Court of First Instance may by order authorize the disclosure to an authorized officer of any material produced under subsection (1) or any part of such material; but the Court of First Instance shall not make an order under this subsection unless-
- (a) a reasonable opportunity has been given for an officer of the public body to make representations to the Court of First Instance; and
(b) it appears to the Court of First Instance that the material is likely to be relevant in exercising functions relating to the investigation of specified offences.
(9) Material may be produced or disclosed in pursuance of this section notwithstanding any obligation as to secrecy or other restriction upon the disclosure of information imposed by statute or otherwise.
(10) An order under subsection (1) and, in the case of material in the possession of a public body, an order under section 4(2) may require any officer of the public body (whether named in the order or not) who may for the time being be in possession of the material concerned to comply with it, and such an order shall be served as if the proceedings were civil proceedings against the Government. (Amended 13 of 1999 s. 3)
(11) In this section "public body" (公共機構) means-
- (a) any Government department; and
(b) any body specified by the Chief Executive under subsection (12). (Amended 13 of 1999 s. 3)
(Enacted 1994. Amended 25 of 1998 s. 2)
[cf. 1986 c. 32 s. 30 U.K.]
[cf. 1986 c. 32 s. 30 U.K.]