Page:Legislative Council (Powers and Privileges) Ordinance (Cap. 382).pdf/9

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
8
CAP. 382]Legislative Council (Powers and Privileges)
[1985 Ed.

nor shall secondary evidence be received by or produced before the Council or a committee of the contents of any such paper, book, record or document.

Determination of questions relating to evidence and production of documents before the Council or committee. 15. Where at any time any question arises in the Council or a committee in regard to—

(a) the right or power of the Council or a committee to hear, admit or receive oral evidence; or
(b) the right or power of the Council or a committee to peruse or examine any paper, book, record or document or to order, direct or call upon any person to produce any paper, book, record or document before the Council or committee; or
(c) the right or privilege of any person (including a member of the Council or committee) to refuse to produce any paper, book, record or document or to lay any paper, book, record or document before the Council or committee,

that question may, subject to this Ordinance and except in so far as express provision is made therein for the determination of that question, be determined in accordance with the usage and practice of the Council which applied prior to the commencement of this Ordinance or applies thereafter by virtue of any resolution of the Council.

Limitation on privilege against incrimination of self or spouse. 16. (1) In any proceedings in the Council or a committee, any person lawfully ordered to attend to give evidence or to produce any paper, book, record or document before the Council or committee shall not, unless excused under section 13, be excused—

(a) from answering any relevant question put to that person in the proceedings or producing any such paper, book, record or document; or
(b) from complying with any order made in or in connexion with the proceedings,

on the ground that to do so may tend to expose that person, or the wife or husband of that person, to proceedings for an offence or for the recovery of a penalty.

(2) Subject to subsection (3), no statement or admission made by a person—

(a) in answering a question put to him in any proceedings to which subsection (1) applies; or
(b) in complying with any order made in any such proceedings,

shall, in proceedings for any offence or for the recovery of any penalty, be admissible in evidence against that person or (unless they married after the making of the statement or admission) against the wife or husband of that person.