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Cap. 553 · cap/553 (Cap. 553)

Cap. 553 ст. 15Evidence. Cap. 9. Cap. 9. Cap. 9.

ДействуетОфициальный текст

(1) For the purpose of an investigation the Commissioner may require any person who possesses documents or information relevant to the investigation, which the Commissioner thinks it necessary or expedient to have, to:

(a) produce such documents; and, or

(b) furnish the information in writing; and, or

(c) attend at a specified time and place and give oral information on oath.

(2) Summons for attendance of witnesses may be in the form set out in the Schedule or in such other form as may be appropriate to the case, and shall be signed by the Commissioner.

(3) Notwithstanding the provisions of sub-articles (1) and (2), no person shall be compelled to give information or produce documents which such person could not be compelled to give or produce in civil or criminal proceedings before a court.

(4) The Commissioner shall have power to -

(a) summon witnesses;

(b) administer an oath to any witness and to any person concerned in the investigation.

(5) A summons may be served either by hand or by post. Where it is served by hand it shall be sufficient to prove service by evidence that the summons was left with a person over the age of sixteen years at the place of residence or of business of the person summoned; and if served by post it shall be sufficient to prove service by evidence that the summons was properly addressed and posted.

(6) The following shall mutatis mutandis apply to the person to be heard by the Commissioner:

(a) the provisions of article 522 of the Criminal Code, where the person to be heard refuses to testify when required to do so by the Commissioner; for this purpose, the proceedings before the Commissioner shall be deemed to be proceedings taking place before a court;

(b) the provisions of articles 104, 105, 107, 108 and 109 of the Criminal Code, as the case may be, where the person to be heard does not testify to the truth; for this purpose the proceedings before the Commissioner shall be deemed to be proceedings taking place before a court and the person to be heard shall be deemed to be a person testifying in those proceedings: 108, 109 or 522 of the Criminal Code in relation to evidence given or to refusal to give evidence before the Commissioner such offence shall, for all intents and purposes of law, be deemed to have been committed before a court of criminal jurisdiction and shall be treated in the same manner as though it had been committed in such a court.

(7) For the purpose of determining the applicable punishment as may be necessary in proceedings for refusal to testify or for perjury or false oath under this sub-article, the allegation being inquired into or adjudicated by the Commissioner shall be deemed to be liable to the punishment to which it would have been liable had the same fact taken place before any court.