| (3) |
Where-
| (a)
|
a person has complied with a requirement referred
to in subsection (2)(d) the subject of an assertion
referred to in that subsection; and
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|
| (b) |
the result (whether in whole or in part) of the
investigation to which that requirement relates
is that the Commissioner is of the opinion that
the individual concerned referred to in subsection
(2)(d)(i) has not contravened a requirement under
this Ordinance in relation to the matter the subject
of the complaint which initiated the investigation,
|
then,
notwithstanding any other provision of this Ordinance,
neither the Commissioner nor any prescribed officer
shall disclose the identity of that individual
to the complainant.
|
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|
| (4) |
The Court
of First Instance
may, of its own volition or on an application
made to it for the purpose, by order reverse,
vary or discharge an order made under subsection
(2)(iii) or suspend the operation of such an order.
(Amended 25 of 1998 s.2)
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|
| (5) |
Provision
may be made by rules of court-
| (a)
|
with respect to applications to the High Court
under subsection (2)(iii) or (4);
|
| |
|
| (b) |
generally with respect to procedure before
the
Court of First Insfance
in relation to any such application.
(Amended 25 of 1998 s.2)
|
|
| |
|
| (6) |
Subsection (5)
is without prejudice to the generality of any existing
power to make rules. |
| |
|
| (7) |
The Commissioner
may administer an oath for the purposes of an examination
under subsection (1) if he thinks fit. |
| |
|
| (8) |
It
is hereby declared that-
| (a)
|
no obligation to maintain secrecy or other restriction,
imposed by law, upon the disclosure of any information,
document or other thing, that is or has been in
the possession or under the control of any person
referred to in subsection (1), shall apply to
its disclosure for the purposes of an investigation;
and
|
| |
|
| (b) |
any requirement by the Commissioner that any
such information, document or thing as is referred
to in paragraph (a) be disclosed or produced for
the purposes of an investigation shall be sufficient
authority for its disclosure or production to
the Commissioner.
|
|
| |
|
| (9) |
The Commissioner
may pay the reasonable expenses of complainants (including,
if the complainant is a relevant person, the individual
in respect of whom the complainant is such a person) and
witnesses incurred during the course of an investigation.
|
