Contents of Section

Chapter:

86 PDFTitle:COMMISSIONS OF INQUIRY ORDINANCEGazette Number:
Section:8Heading:Contempts to be offencesVersion Date:30/06/1997

(1) Any person who-

        (a) fails without reasonable excuse to attend at the time and place specified in a summons issued under section 4;
        (b) refuses to take an oath or make an affirmation on being required to do so under section 4;
        (c) refuses to answer any question put by or with the consent of the Commission or to produce any article or document in his possession or under his control on being required to do so under section 4;
        (ca) being an officer or agent of a public body or other body of persons within the meaning of section 7A-
          (i) after the appointment of a Commission and with intent to avoid or prevent production, destroys, suppresses, defaces or makes away with any book or document that it would be his duty to produce to an inspector in the event of an inspector being appointed under section 4(1)(ma), or
          (ii) refuses, without lawful authority or reasonable excuse, to produce any such book or document to an inspector so appointed, or
          (iii) refuses, without lawful authority or reasonable excuse, to answer any question put to him by an inspector so appointed with respect to the affairs of such body or any other body the books and documents of which the inspector has been appointed to inspect; (Added 49 of 1976 s. 6)
        (d) wilfully interrupts the proceedings of the Commission or otherwise misbehaves during any hearing of the Commission;
        (e) having been summoned to attend, leaves the place in which a Commission is being held without the permission of the Commission,
shall be guilty of an offence and liable on summary conviction to a fine of $1000 and to imprisonment for 3 months.
(2) Any person who-
        (a) wilfully hinders or deters any person from attending, giving evidence or producing any article or document;
        (b) threatens, insults or causes any loss to be suffered by any person who has attended before the Commission, on account of such attendance;
        (c) threatens, insults or causes a loss to be suffered by any Commissioner at any time on account of the performance of his duties as a Commissioner;
        (d) publishes or otherwise discloses any material which the Commission had prohibited him from publishing or disclosing;
        (e) publishes or otherwise discloses any material received by the Commission in camera,
shall be guilty of an offence and liable on conviction upon indictment to a fine of $10000 and to imprisonment for 1 year.
(3) It shall be a good defence in the case of a prosecution under subsection (2)(e) for the person charged to prove to the satisfaction of the court that he did not know nor had any reason for knowing that the material published or disclosed had been received by the Commission in camera.