Contents of Section

Chapter:

575 PDFTitle:United Nations (Anti-Terrorism Measures) OrdinanceGazette Number:E.R. 2 of 2012
Section:12AHeading:Requirement to furnish information or produce materialVersion Date:02/08/2012

(1) The Secretary for Justice may, for the purpose of an investigation into a relevant offence, make an ex parte application to the Court for an order under subsection (2) in relation to a particular person or to persons of a particular description.
(2) The Court may, if on such an application it is satisfied that the conditions referred to in subsection (4)(a), (b) and (d) or subsection (4)(a), (c) and (d) are fulfilled, make an order complying with subsection (3) in respect of the particular person, or persons of the particular description, to whom the application relates.
(3) An order under subsection (2) shall-

    (a) give particulars of the relevant offence under investigation;
    (b) identify the particular person, or state the particular description of persons, in respect of whom the order is made;
    (c) authorize the Secretary for Justice to require the person or persons in respect of whom the order is made-
        (i) to answer questions or otherwise furnish information with respect to any matter that reasonably appears to an authorized officer to be relevant to the investigation; or
        (ii) to produce any material, or any material of a class, that reasonably appears to the Secretary for Justice to be relevant to the investigation,
          or both; and
    (d) contain such other terms (if any) as the Court considers appropriate in the public interest, but nothing in this paragraph shall be construed as authorizing the Court to order the detention of any person in custody without that person's consent.
(4) The conditions referred to in subsection (2) are-
    (a) that there are reasonable grounds for suspecting that the relevant offence under investigation has been committed;
    (b) where the application relates to a particular person, that there are reasonable grounds for suspecting that the person has information, or is in possession of material, likely to be relevant to the investigation;
    (c) where the application relates to persons of a particular description, that-
        (i) there are reasonable grounds for suspecting that some or all persons of that description have such information or are in possession of such material; and
        (ii) the relevant offence could not effectively be investigated if the application was required to relate to a particular person, whether because of the urgency of the investigation, the need to keep the investigation confidential or the difficulty in identifying a particular person who has the relevant information or material;
    (d) that there are reasonable grounds for believing that it is in the public interest, having regard-
        (i) to the seriousness of the relevant offence under investigation;
        (ii) to whether or not the relevant offence could be effectively investigated if an order under subsection (2) is not made;
        (iii) to the benefit likely to accrue to the investigation if the information is disclosed or the material is obtained; and
        (iv) to the circumstances under which the person or persons may have acquired, or may hold, the information or material (including any obligation of confidentiality in respect of the information or material and any family relationship with a person to whom the information or material relates),
    that an order under subsection (2) should be made in respect of that person or those persons.
(5) Where an order under subsection (2) authorizes the Secretary for Justice to require a person to answer questions or otherwise furnish information with respect to any matter that reasonably appears to an authorized officer to be relevant to an investigation, the Secretary for Justice may by one, or more than one, notice in writing served on that person require him to attend before an authorized officer at a specified time and place, or at specified times and places, and answer questions or otherwise furnish information with respect to any matter that reasonably appears to the authorized officer to be relevant to the investigation.
(6) Where an order under subsection (2) authorizes the Secretary for Justice to require a person to produce any material that reasonably appears to the Secretary for Justice to be relevant to the investigation or be of a class that is so relevant, the Secretary for Justice may by one, or more than one, notice in writing served on that person require him to produce at a specified time and place, or at specified times and places, any specified material that reasonably appears to him to be so relevant or any material of a specified class that reasonably appears to him to be so relevant.
(7) A notice in writing imposing a requirement on a person under subsection (5) or (6) shall-
    (a) state that a court order has been made under this section and include-
        (i) the date of the order;
        (ii) the particulars of the relevant offence under investigation;
        (iii) where the order is made in respect of that particular person, a statement to that effect;
        (iv) where the order is made in respect of persons of a particular description and that person is of that particular description, a statement to that effect;
        (v) a statement of the authorization given to the Secretary for Justice by the order; and
        (vi) a statement of any other terms of the order relevant to that person;
    (b) have annexed to it a copy of the order under this section, but there may be excluded from such copy-
        (i) any reference in the order to a particular person other than that person, or to persons of a particular description not including that person; and
        (ii) any details in the order that relate only to such particular person or persons of a particular description; and
    (c) be substantially in the form specified in Schedule 2 in relation to such notice and in addition shall set out or have annexed to it subsection (8) and section 12E.
(8) An authorized officer may photograph or make copies of any material produced in compliance with a requirement under this section.
(9) Subject to section 2(5)(a), (b) and (c), a person is not excused from furnishing information or producing any material required under this section on the ground that to do so would breach an obligation as to secrecy or another restriction upon the disclosure of information or material imposed by statute or otherwise.
(10) A statement by a person in response to a requirement imposed by virtue of this section may not be used against him in criminal proceedings against him except in evidence in proceedings under section 14(7F) or under section 36 of the Crimes Ordinance (Cap 200).
(11) Where an order under subsection (2) has been made, the Secretary for Justice, or a person authorized in writing by the Secretary for Justice for the purpose of this subsection, may, after satisfying any conditions that may be prescribed by rules of court in this respect, obtain a copy of the order; but subject to the foregoing part of this subsection and to subsection (7)(b), no person is entitled to obtain a copy of the order or any part of the order.
(12) Where a requirement imposed on a person under this section relates to material which consists of information recorded otherwise than in legible form-
    (a) the requirement shall have effect as a requirement to produce the material in a form in which it can be taken away; and
    (b) an authorized officer may, by notice in writing served on the person, require the person to produce at a specified time and place, or at specified times and places, the material in a form in which it is visible and legible and can be taken away, and may by like notice release the person from any obligation under the requirement to produce the material in the form in which it is recorded.
(13) An application for the revocation or variation of an order under this section may be made by any person on whom a requirement is imposed under the order.
(14) The Secretary shall prepare a code of practice in connection with-
    (a) the exercise of any of the powers conferred; and
    (b) the discharge of any of the duties imposed,
by this section, and any such code shall be laid before the Legislative Council and shall not be promulgated until the code has been approved by the Legislative Council.
(Added 21 of 2004 s. 12)