Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698067995277.pdf (Guyana)
Governor.

aK April, 1933.

BRITISH GUIANA.

ORDINANCE NO.

G' OF 1933.

AN ORDINANCE to enable the Governor to issue Commissious of A.D.1988.

enquiry with special powers.

BE it enacted by the Governor of British Guiana, with the advice and consent of the L<3gislative Council thereof, as follows : - 1.

'fhis Ordinance may be cited as the Commissions of Enquiry Shor~ Title.

Ordinance, 1933.
2.-(1) It shall be lawful for the Governor, whenever he shall deem it advisable, to issue a commission, appointing two more commissioners, and authorising such comreissioners, or any quorum of them ther ein mentioned, to enquire into the conduct of any public or local officers or the conduct or manat?ement of any dP.partment of the public service, or of any public or local institution, or of auy municipal or local authority, or iuto any matter in which an enquiry would, in the opinion of the Go\'ernor, ba for the public welfar e. P ower to i~suo special commissions of enquiry into matters of a public nature, or for Lhe pub· lie welfare.
Paniculara of aocb com.

missions.

2 No.

S' .1 'PJJE LAWS OP BRITISH GUIANA.

lA.D.

1933, (2) Each commission shall specify the subject of enquiry, and may, in the discretion of the Governor, direct which commissioner shall be cbo.il'man, and dhect where and when such euquiry shall be made, and the report thereof rendered, and prescribe how such commission shall be executed, and may direct whether the enyufry In the absence of a direction shall or shall not be bel<l in public.
to the contrary, tha en'luiry shall be heH in public, but the commissioners shall nevertheless bo entitled to exclude any pa.rbcnlar person or persons for the preservation of order, for the due con<luct of the enquiry, or for any other reason.

l'owere to appoint fresh com.

miuioner@, and to niter and revoke commission 1.

3.
3.

In case any commissioner shall be or become unable or unwilling to act, or shall die, the Governor ma.y appoint another ccmmissioner in bis place; and any commission issued under this Ordinance may be altered as the Governor may deem fit by any subsequent commission issued by the Governer or may be revoked altogether by a notification to that effect published in the Gazette.

Commin1on not affected by any change of Governor.

Commia aioneu to ~ke oath of office, how and be£ore whom.
Power to appoint secretary; bi1 duties.

Duties of commis sioners de· fioed.

,.

No commission issued under this Ordinance shall lapse by reason of, or be otherwise affected by the death, absence, or removal of the Governor issuing the same.

5.
5.

It shall be the duty of each commissioner appointed unJer this Ordinance to make and subscribe an oath or affirmation that he wiU faithfu1Jy, fully, impartially, and to the best oi his ability discharge the trust, and perform the duties devolving upon him by virtue of 1,uch commission, which oath or affirmation may be taken before any mugistrale 01· justice of the peaco, and shall J:ie deposited by the commisbioner with the colonial secretary.

6.
6.

The Governor mny appoint a secretary to attend the sittings of the commission to record their proceedings, to keep their papers, summon and minute the testimony of witnesses, and generally to perform such duties connected with such enquiry as the commis sioners shall prescribe, subject to the directious, if any, of tho Governor.

7.
7.

It shall be the duty of the commissioners, after ta.king such oath or affirmation, to make a full, faithful, and impartial enquiry into the matter specified in such commission, and to conduct such enquiry in accordar.ce with the directions (if any) in the commi1.
:isiou i ancl, in due course, to report to the Governor in writing, the result of such enquiry; and also, when required, to furnish to the Governor 11 full statement of tho proceedings of such .commission, and of the reasons leading to the conclusions arrived at or reported.

Division of opinion of commi1- 1iooere, 8.


If the commissioners shall, in any case, be equally divided on any question that arises during the proceedings of the commission, the chairman of the commission shall have a second or casting vote.

A.D.1933.J OOMJIISSIONS OF ENQUIRY.

[No.

S , s 9.
[No.

S , s 9.

The commissioners acting under this Ordinance may mu.ko such rules for their own guidance, and the conduct and manage times ment of proceedings before them, and and places for their commission, as they may from time to time think fit, and may from time to time adjourn for such time and to 1.uch place as they may tlnnk fit, subject only to the terms of their commission.

the hours and inconsistent with their sitlingA, not Com mis• sioners' powers for regulaUog their pro.

ceodin1,,'II.

10.
ceodin1,,'II.

10.

Commissioners acting under this Ordinance shall have the powers of a judge of tho Supreme Court to sulllmon wilnesses, and to call for the production of books, plans, and documents, and to examine witnesses and parlies concerned on oath , anJ no commis sioner shall be ]iaule to any action or suit for any matter or thing done by him as such commissioner.
All summonses for the attend ance of witnesses, or other persons, or the production of documents, may be in the form given in the schedule to this Ordinance and shall be sig ned by one of the commissiouera, snd oaths may be administered by one of the commissioners, or by the eecretary.

Commie.

sionera• powers to summon and exf\mine witneesea, and privi legeij from sni t , 11.
Any witness who sha11 wilfully give fa.1Ae evideuce in any such enquiry concerning the subject matter of such enquiry, shall be g uilty of perjury, and be liable to 1:e prosecuted and punished accordingly.

False evidence how poniah.

able.
Dni y of wiLneseea s ummone(l. 12.-(1) All persona summoned to attend and give evidence, or to produce books, plans, or documents, at any sitting of any such commission, shall be bound to obey the summons served upon them as tully in all respects as witncs!les are bound to obey suq pcenas issued from thfl Suprerue Court, and ehall be entitled to the like expenses us if they had been summoned to attend the Supremo Court on a criminal trial, if the same shall ho allowe<l by the commissioner s but tho commissioners may disallow the whole or any part of such expenses in any case, if they think fit.
The pro cedure for the payment of such witnesses shall be the same as Mady ns may be for the payment of witneases in the Supreme Court, and they shall be paid at such time an<l in such manuer as the Governor may direct.
(2) Every person refusing or omitting, without sufficient cause, to attend at the time and place mentioned in the summons served on him, and every person attP.nding, but leaving the commission without the permission of the commissioners, or refusing without sufficient cause to answer, or to answer fully and satisfactorily to the best of his knowledge and belief, all questions put to him by or with the concurrence of the commissioners, or refusing or omitting without sufficient canse to produce any books, plans, or documents in his possession, or under his contra], and mentioned or referred to in the summons served on him, and every person who shall at any sitting of the commission wilfully insult any commissioner, or Pena.Hy for contumacy or i11s olt, or lot errnptioo of proceed ings.
4 No, 6• .]

THE LAWS OF BRITISH GUIANA.

[A.D. 1933. the secretary, or wilfully interrupt the procet:<lings of the com mission, shall be liable to a penalty not exceeding one hundred dollars, to be recovered under the Summary Jurisdiction Urclinances.
(3) A person gidng eYidence before the commission shall not be compellable to criruinate himself, and every such person shall, in respect of any evidence given by him before the com.mission, be entitled to all privileges to which a witness giving evidence before the Supreme Court is entitled in respect of evidence given by him before such court.

13.
13.

Any person whose conduct is the subject of enquiry under this Onlioance, or who is in any way implicated or concerned in the matter under enquiry, shall be entitled to be represented by counsel or solicitor at the whole of the inquiry, and any other person who may cousider it desirable that he should be so represented may, by leave of the commission, be represented in manner aforesaid.

14.
14.

The Governor may direct the Inspector-General of Police to detail constables to attend upon any commissioners, to preserve order during the proceedings of the commission, and to perform such other duties as usually pertain to their office when in attend ance upon to serve summonses on witnesses, and to perform such ministerial duties as the commis sioners shall direct.

the Supreme Court, and 15.


The Governor may direct what remuneratien, ii any, shall be paid to any commissioners acting undor this Ordinance, and to their secretary, and to any other persons employocl in or about any such commissiou, an<l may di rect payment or any other expenses attendant upon the carrying out or any such commission, or upon any proceedings for any penulty nuder thIB Ordiu1.mco.

Such sumR so directed to be paid shall be paid out of general revenue on the wu1Tant of the Go,·ernor.
Appe&r&oce of coonstl.

Constables detailed to attend upon commie· siooers; I.heir dn1 iei1.

.Hemunerll· lion to com missioners and others, how ascer tained and paid.

16.

All commissions under this Ordinance, and nll revocalions of Commie.

sioos, etc• to any such commissions, shall be published iu the Gazette, and shall be published in Gaz~tte.

take effect from the date of 1mcb publication, Proceelliniz!

for p, oalties, how to be commence.I and prose cuted, 17.
No proceedin~s shall be commenced for any penalty under this OrJinance, except by lhe direction of the Attorney-General, or of the comwissioners.

'l'he commissioners may direct their secre tary, or such other person as they may think fit, to commence and prosecute the proceedings for such penally.

Repeal, Cap.

258.

18.

The Commissioners (Examination of Witnesses) <)rclinance is hereby repealed.

Passecl by the Legislative Council this 1933.

A,D.

1933,] 001'fMISSI0NS OF ENQUJRY.

[No, 5 SOHEDULE.


SUMMONS TO WITNESSES.

To A,B.

(name of pereoo summoned, and his calling and residence if known).

You are hereby summoned to o.ppe11r before (here name the commissioners), Summons to nppoiuted by the Go,·ernor ~o enquire (state briefly the subject of enquiry) a.t witne1s.

o'clock, and to (place), upon the give evidence respecting such enquiry.
{If the person summoned ia to produce any documents add), o.nd you a.re require<l to bring with yon (specify the books, plans, a!

!d documents required).

Therefore fail not a.t your peril.

day of , at 19 Given under· the band of commisaioner, this day of 19 (M.P.

3423~).

PBINTBD BY THIii 00VB1lNIONT PBINTBB8 or BBJTJBB GUIANA