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)
.