Contents of Section

Chapter:

86 PDFTitle:COMMISSIONS OF INQUIRY ORDINANCEGazette Number:25 of 1998 s. 2
Section:4Heading:Powers of CommissionVersion Date:01/07/1997

Remarks:

Amendments retroactively made - see 25 of 1998 s. 2

(1) The Commission may, for the purpose of complying with the directions issued under section 3 and for conducting the inquiry generally-

        (a) receive and consider any material whether by way of oral evidence, written statements, documents or otherwise, notwithstanding that such material would not be admissible as evidence in civil or criminal proceedings;
        (b) determine the manner in which such material shall be received and what persons or class of persons shall be permitted or required to give evidence:
          Provided that the contents of any document submitted to the Commission, not being of a scurrilous or offensive nature, shall be considered by the Commission, notwithstanding that the person submitting such document is, in addition, permitted or required to give evidence;
        (c) require any person who wishes to give evidence before the Commission to submit a summary in writing of the evidence proposed to be given;
        (d) summon any person in the form set out in the Schedule to attend to give evidence or to produce any article or document; (See Form 2)
        (e) issue warrants of arrest to compel the attendance of any person not complying with a summons issued under paragraph (d);
        (f) administer oaths and affirmations;
        (g) examine on oath, affirmation or otherwise any person attending before the Commission and require such person to answer all questions put by or with the consent of the Commission and produce any article or document in his possession or under his control;
        (h) award any person attending before the Commission such sum as in the opinion of the Commission represents the loss to that person occasioned by the time spent in such attendance;
        (i) hold in camera, or exclude any person (including any person implicated or concerned therein and his legal representatives) from, the whole or any part of the inquiry:
          Provided that any legal representative entitled to appear by virtue of the provisions of section 6-
          (i) may only be excluded from such part of the inquiry as is held in camera;
          (ii) shall not in any event be so excluded while his client is giving evidence;
        (j) prohibit the publication to or disclosure by any person attending before the Commission of all or part of the material received by the Commission;
        (k) enter and inspect any premises;
        (l) issue warrants for the searching of premises and the seizure therein of any article or document or any class of articles or documents specified in the warrant (as being likely to be of evidential value for the purposes of the inquiry);
        (m) determine the procedure to be followed at the inquiry and the form of any summons, warrant, or other document made or issued by the Commission;
      (ma) where the Commission has been appointed to inquire into the conduct or management of a public body or any other body of persons, corporate or unincorporate, then, subject to subsection (3), appoint, on such terms as to remuneration as the Financial Secretary may approve, one or more inspectors-
          (i) to inspect all the books and documents of or relating to the affairs of such body; and
          (ii) if the Commission is satisfied that such body has, or has had, an association with any other public body or body of persons, corporate or unincorporate, which is or may be relevant to the subject of the Commission's inquiry, to inspect all the books and documents of or relating to the affairs of such other body,
          and to report thereon to the Commission in such manner and within such period or further period as the Commission may direct; and (Added 49 of 1976 s. 3)
        (n) exercise such other powers as may be necessary for the purposes of the inquiry.
(2) Without prejudice to the powers conferred on a Commission by subsection (1)(ma), where the Commission consists of one Commissioner he may himself, and where the Commission consists of more than one Commissioner one or more of the Commissioners, selected by the Commission may, subject to subsection (3), inspect the books and documents referred to in subsection (1)(ma), and in so doing he or they shall, for the purposes of this Ordinance, be deemed to have been duly appointed an inspector or inspectors, as the case may be, under subsection (1)(ma). (Added 49 of 1976 s. 3)
(3) The power to appoint an inspector or inspectors under subsection (1), and the powers conferred by subsection (2), shall not be exercised by a Commission or Commissioner without the consent of the Chief Executive in Council, and in giving such consent the Chief Executive in Council may limit the power of inspection to inspection only of the books and documents referred to in subsection (1)(ma)(i) or, where consent is given in relation to the inspection of books and documents referred to in subsection (1)(ma)(ii), may limit the power of inspection to inspection only of the books and documents of or relating to the affairs of a particular public body or other body of persons, corporate or unincorporate. (Added 49 of 1976 s. 3. Amended 25 of 1998 s. 2)