Investigations
64. Power to conduct formal investigations
Without limiting section 59—
- (a) if the Commission thinks fit, it may conduct a formal investigation for any purpose connected with the carrying out of any of its functions under that section; and
- (b) if required by the Chief Secretary for Administration, the Commission shall conduct a formal investigation for any purpose connected with the carrying out of any of its functions under that section.
65. Terms of reference
(1) The Commission shall not embark on a formal investigation unless the requirements of this section have been complied with.
(2) The terms of reference for the formal investigation are to be drawn up by the Commission or, where the Chief Secretary for Administration requires the Commission to conduct the investigation, by the Chief Secretary for Administration after consulting the Commission.
(3) The Commission shall give general notice of the holding of the formal investigation unless the terms of reference confine it to activities of persons named in them, but in such a case the Commission shall in the prescribed manner give those persons notice of the holding of the investigation.
(4) Where the terms of reference of the formal investigation confine it to activities of persons named in them and the Commission in the course of the investigation proposes to investigate any act made unlawful by this Ordinance which it believes a person so named may have done, the Commission shall—
- (a) inform that person of its belief and its proposal to investigate the act; and
- (b) offer that person an opportunity of making oral or written representations with regard to it (or both oral and written representations as that person thinks fit).
(5) A person who avails himself of an opportunity to make oral representations under subsection (4)(b) may be represented—
- (a) by counsel or a solicitor; or
- (b) by some other person of the person’s choice, not being a person to whom the Commission objects on the ground that he or she is unsuitable.
