The Ordinance

The Ordinance (Full Text)

CHAPTER 486
PERSONAL DATA (PRIVACY) ORDINANCE

Part VII - INSPECTIONS, COMPLAINTS AND INVESTIGATIONS

45. Protection of witnesses, etc.

(1)

Every person shall have the same privileges in relation to the giving of information, the answering of questions, and the production of documents and things, for the purposes of an investigation, as witnesses have in civil proceedings in the Hight Court but any rule of law which authorizes or requires the withholding of any document or thing, or the refusal to answer any question, on the ground that the disclosure of the document or thing or the answering of the question, as the case may be, would be injurious to the public interest. shall not apply in respect of any investigation. (Amended 25 of 1998 s.2)

(2)

Except on the trial of any person for perjury in respect of his sworn testimony, or for an offence under this Ordinance, no statement made or answer given by that or any other person in the course of any investigation shall be admissible in evidence against any person, before any magistrate or in any court or at any inquiry or in any other proceedings, and no evidence in respect of an investigation shall be given against any person.

(3)

Where the giving of any information or the answering of any question or the production of any document or thing would involve the disclosure, without the consent of the Chief Executive, of the deliberations of the Executive Council, the Commissioner shall not require the information or answer to be given or, as the case may be, the document or thing to be produced. (Amended 34 of 1999 s.3)

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