Cap. 7activeordinance

Landlord and Tenant (Consolidation) Ordinance

業主與租客(綜合)條例

Full legislation

s.120AAZZF

Use of incriminating evidence in proceedings

(1)
This section applies if the Commissioner requires a person to provide any
                particulars required by a requisition under
section 120AAZV(2)
.
(2)
The Commissioner must ensure that the requisition served on the person contains
                sufficient information to inform and remind the person of the limitations imposed by
                subsection (3) on the admissibility in evidence of the Commissioner’s requirement
                and the person’s response.
(3)
Despite anything in this Ordinance, if the conditions specified in subsection
                (4) are satisfied, the Commissioner’s requirement and the person’s response are not
                admissible in evidence against the person in criminal proceedings.
(4)
The conditions
are—
(a)
that the person’s response might tend to incriminate the person;
                    and
(b)
that the person so claims before giving the response.
(5)
However, a person is not excused from complying with a requirement imposed on
                the person under
section 120AAZV(2)
only on the ground that to do so
                might tend to incriminate the person.
(6)
Subsection (3) does not apply to any criminal proceedings in which the person is
                charged with an offence in respect of the person’s
response—
(a)
under
section 120AAZV
or
120AAZZE
; or
(b)
under Part V of the Crimes Ordinance (
Cap.
                    200
).
(7)
In this
section—
response
(
回應
), in
                relation to a person, means any particulars provided by the person as required by a
                requisition under
section 120AAZV(2)
.