Hong Kong Ordinances

MERCHANT SHIPPING (LOCAL VESSELS) ORDINANCE - SECT 18

Powers of persons holding inquiry, etc.

(1) The persons holding an inquiry under section 17 may-

   (a)  make such examination and investigation as they consider necessary for
        the purpose of the inquiry;

   (b)  require any person who they have reasonable cause to believe is able
        to give any information relevant to any examination or investigation
        under paragraph (a)-

        (i)    to attend at a place and time specified by the persons holding
               the inquiry;

        (ii)   to answer (in the absence of persons other than any persons
               whom the persons holding the inquiry may allow to be present
               and a person nominated to be present by the person on whom the
               requirement is imposed) such questions as the persons holding
               the inquiry think fit to ask;

        (iii)  to sign a declaration of the truth of his answers;

   (c)  require the production of, and inspect and take copies of or of any
        entry in-

        (i)    any books or documents which by virtue of any provisions of the
               Merchant Shipping Ordinance ( Cap 281), the
               Shipping and Port Control  Ordinance ( Cap 313), the
               Merchant Shipping (Safety) Ordinance ( Cap 369), the
               Merchant Shipping (Seafarers) Ordinance ( Cap 478) or this
               Ordinance are required to be kept;

        (ii)   any other books or documents which they consider it necessary
               for them to see for the purposes of any examination or
               investigation under paragraph (a);

   (d)  require any person to afford them such facilities and assistance with
        respect to any matters or things within that person's control, or in
        relation to which that person has responsibilities as the persons
        holding the inquiry consider are necessary to enable them to exercise
        any of the powers conferred on them by this section.

(2) A person shall be obliged to answer questions put to him under this
section by the persons holding the inquiry, but if the answers might tend to
incriminate him, and he so claims before answering the question, neither the
question nor the answer shall be admissible in evidence against him in
criminal proceedings other than proceedings for an offence under section 36 of
the Crimes Ordinance ( Cap 200), or for perjury, in respect of the answer, and
the persons holding the inquiry shall, before asking any question under this
section, inform the person concerned of the limitation imposed by this
subsection in respect of the admissibility in evidence of the question and any
answer given.

(3) Any person who refuses to attend as a witness before any person having the
powers specified in subsection (1), after having been required in the exercise
of any such power to do so, or refuses or neglects to make any answer, or to
give any return, or to produce any document in his possession or under his
control, or to make or subscribe any declarations required by any such person
in the exercise of any such power, commits an offence and is liable on
conviction to a fine at level 2.