Can Witnesses Refuse to Answer Questions and Name Names?

Andrew Bennett

Attorney Andrew Bennett also appeared as Li’s counsel, objecting to his client being compelled to disclose the names of persons he did business with in the acquisition of the various properties. 

Andrew Bennett, Attorney for Zhourong

“Mr. Chairman, this is an inquiry into the sale of government assets.  What is Mr. Li’s business arrangements within the purview of his business arrangements.”

Andrew Marshalleck, Chairman, Commission of Inquiry

“His business arrangements are very much intertwined in the purchase of a government vehicle which was approved to the deputy prime minister of this country.  Mr. Li will answer the question.”

Andrew Bennett

“Well I would like to decline for my client to answer that question.”

Andrew Marshalleck

“It’s not open to you to decline.  You refuse to answer on the pain of criminal sanction.”

Andrew Bennett

“Well I will advise my client to refuse to answer that question.”

Andrew Marshalleck

“You will advise him to refuse to answer that.”

Andrew Bennett

“Yes, Mr. Chairman.”

Andrew Marshalleck

“Will you do so on the basis that he might incriminate himself if he answers it?”

Andrew Bennett

“I advise my client not to answer that question.”

Andrew Marshalleck

“Are you invoking the privilege against self-incrimination?”

Andrew Bennett

“There is no issue of incrimination but he has the liberty to decline.”

Andrew Marshalleck

“Well that’s the only basis on which you can decline to answer.  You’re obliged to answer, we’re compelling you to answer.”