Page:Race Discrimination Ordinance (Cap. 602).pdf/53

RACE DISCRIMINATION ORDINANCE (6) The Commission may or, if the Commission was required by the Chief Secretary for Administration to conduct the formal investigation, the Chief Secretary for Administration after consulting the Commission may, from time to time, revise the terms of reference.

(7) Subsections (1), (3), (4) and (5) apply to the revised investigation and terms of reference as they apply to the original.

66. Power to obtain information

(1) For the purposes of a formal investigation, the Commission, by a notice in the prescribed form served on a person in the prescribed manner, may—
 * (a) require the person to furnish such written information as may be described in the notice;
 * (b) specify the time at which, and the manner and form in which, the information is to be furnished; and
 * (c) require the person to attend at the time and place specified in the notice and give oral information about, and produce all documents in the person’s possession or control relating to, any matter specified in the notice.

(2) Except as provided in section 73, a notice may be served under subsection (1) only where—
 * (a) service of the notice has been authorized in writing by or on behalf of the Chief Secretary for Administration; or
 * (b) the terms of reference of the formal investigation—
 * (i) state that the Commission believes that a person named in them may have done or may be doing all or any of the acts described in subsection (3); and
 * (ii) confine the investigation to those acts.

(3) The acts referred to in subsection (2)(b)(i) are acts of the following descriptions—
 * (a) unlawful discriminatory acts;
 * (b) unlawful acts of harassment;
 * (c) contraventions of section 41, 42, 43, 44 or 45.

(4) A notice under subsection (1) may not require a person—
 * (a) to give information, or produce any documents, which the person could not be compelled to give in evidence, or produce, in civil proceedings before the Court of First Instance; or
 * (b) to attend at any place unless the necessary expenses of the person’s journey to and from that place are paid or tendered to him or her.

(5) If—
 * (a) a person fails to comply with a notice served on that person under subsection (1); or