### Commissions of Inquiry Ordinance 《調查委員會條例》

8. Contempts to be offences
(1) Any person who—
(a) fails without reasonable excuse to attend at the time and place specified in a summons issued under section 4;
(b) refuses to take an oath or make an affirmation on being required to do so under section 4;
(c) refuses to answer any question put by or with the consent of the Commission or to produce any article or document in his possession or under his control on being required to do so under section 4;
(ca) being an officer or agent of a public body or other body of persons within the meaning of section 7A—
(i) after the appointment of a Commission and with intent to avoid or prevent production, destroys, suppresses, defaces or makes away with any book or document that it would be his duty to produce to an inspector in the event of an inspector being appointed under section 4(1)(ma); or
(ii) refuses, without lawful authority or reasonable excuse, to produce any such book or document to an inspector so appointed; or
(iii) refuses, without lawful authority or reasonable excuse, to answer any question put to him by an inspector so appointed with respect to the affairs of such body or any other body the books and documents of which the inspector has been appointed to inspect; (Added 49 of 1976 s. 6)
(d) wilfully interrupts the proceedings of the Commission or otherwise misbehaves during any hearing of the Commission;
(e) having been summoned to attend, leaves the place in which a Commission is being held without the permission of the Commission,
shall be guilty of an offence and liable on summary conviction to a fine at level 1 and to imprisonment for 3 months.
(2) Any person who—
(a) wilfully hinders or deters any person from attending, giving evidence or producing any article or document;
(b) threatens, insults or causes any loss to be suffered by any person who has attended before the Commission, on account of such attendance;
(c) threatens, insults or causes a loss to be suffered by any Commissioner at any time on account of the performance of his duties as a Commissioner;
(d) publishes or otherwise discloses any material which the Commission had prohibited him from publishing or disclosing;
(e) publishes or otherwise discloses any material received by the Commission in camera,
shall be guilty of an offence and liable on conviction upon indictment to a fine at level 3 and to imprisonment for 1 year.
(3) It shall be a good defence in the case of a prosecution under subsection (2)(e) for the person charged to prove to the satisfaction of the court that he did not know nor had any reason for knowing that the material published or disclosed had been received by the Commission in camera.
(Amended E.R. 4 of 2019)

### Commissions of Inquiry Ordinance 《調查委員會條例》

9. Contempts dealt with by Commission
(1) The Commission may, if so empowered under section 3, deal summarily as a contempt with any offence specified in section 8 which is committed in its presence, and may impose the sentence prescribed by that section.
(2) In the case of contempts not committed in the presence of the Commission, it may, if so empowered under section 3, summon the offender to appear before it at the time and place specified in the summons, there to show cause why the offender should not be sentenced for the contempt, and may impose the sentence prescribed by section 8.
(3) The Commission may issue warrants of arrest to compel the attendance of any person not complying with a summons issued under subsection (2).
(4) Any sentence of imprisonment imposed under this section may be remitted where the Commission is of the opinion that the contempt has been purged.
(5) Any person aggrieved by any decision, order or sentence of the Commission in exercise of the powers conferred by subsection (1) or (2) may appeal to a judge of the Court of First Instance, in the same manner as if it were an order of a magistrate in respect of which an appeal lies under section 113 of the Magistrates Ordinance (Cap. 227), in accordance with rules made by the Chief Justice. (Amended 25 of 1998 s. 2)

10. Commission to have powers of judge
For the purposes of enforcing the payment of any fine imposed or giving effect to any warrant of arrest or sentence of imprisonment or for other like purposes, the Commission shall have the powers of a judge. In the exercise of such powers and for the purpose of issuing warrants, summoning persons and the exercise of other like powers the Chairman may do all necessary acts in the name of the Commission.

11. Inquiry to be a judicial proceeding
(1) Every inquiry held under this Ordinance shall be deemed to be a judicial proceeding.
(2) Any conduct which would constitute contempt of the Court of First Instance or of a judge, if it were committed towards the Court of First Instance or a judge as the case may be, shall be a contempt of a Commission and may be dealt with and punished by a judge of the Court of First Instance as a contempt of the Court of First Instance. (Amended 25 of 1998 s. 2)

### Commissions of Inquiry Ordinance 《調查委員會條例》

12. Protection of Commission and witnesses
(1)  No Commissioner shall be liable to any suit or other proceeding for any act or thing done by him bona fide as such Commissioner:
Provided that nothing in this subsection shall be deemed to limit the power of the Court of First Instance to make an order of mandamus, certiorari or prohibition in relation to proceedings before a Commission. 
(2) All evidence given before a Commission shall be absolutely privileged, and no witness giving such evidence shall be liable to any suit or other civil proceeding in respect thereof.
(3) A legal officer, barrister or solicitor appearing before a Commission, whether as counsel for the Commission or otherwise under or by virtue of section 6, shall be entitled to the same immunities as if he were appearing for a party in proceedings before the Court of First Instance. (Added 49 of 1976 s. 7)
(Amended 25 of 1998 s. 2)

13. Police and bailiffs to assist Commission
Police officers and bailiffs of the court shall assist any Commission conducting an inquiry under this Ordinance for such purposes as the Commission may require and may do all such things as are necessary for the purpose of rendering such assistance.

14. Cost of inquiry
The cost of any inquiry conducted under this Ordinance, including any sums awarded under section 4(1)(h), shall be a charge on the general revenue of Hong Kong.
(Amended 25 of 1998 s. 2)

15. Protection of person publishing true account
Subject to section 8(2)(d) no person shall be liable to any civil or criminal proceedings by reason of his publishing a true account of any evidence taken in public before a Commission or of any report of a Commission published by the authority of the Chief Executive.
(Amended 25 of 1998 s. 2)