Hong Kong Ordinances

JUDICIAL OFFICERS (TENURE OF OFFICE) ORDINANCE - SECT 6

Tribunal

(Past version on 30/06/1997).

Amendments retroactively made - see 25 of 1998 s. 2

(1) The tribunal appointed by the Chief Justice under section 3(2) shall
consist of 2 judges of the High Court, one of whom the Chief Justice shall
appoint as Chairman of the tribunal, and a public officer. (Amended 25 of 1998
s. 2)

(2) The Chairman shall, by written notice-

   (a)  inform the office of the allegations against him, the substance of the
        evidence in support of those allegations and any other matters that
        may be investigated;

   (b)  invite the officer to appear before the tribunal at a time and place
        specified in the notice; and

   (c)  invite the officer to produce at the time and place specified any
        witnesses and other evidence whom or which he wishes to present in his
        defence.

(3) The tribunal may, by notice under the signature of the Chairman, order a
person to produce documents or to attend and give evidence before the
tribunal.

(4) Subject to rules that may be made under section 11, the tribunal may
determine its own procedure and it is not bound by the rules of evidence.

(5) If, after reasonable notice and without reasonable excuse, the officer
fails to attend at the time and place specified by the Chairman, the tribunal
may proceed with the investigation.

(6) A person who without reasonable excuse-

   (a)  fails to attend when required; or

   (b)  refuses to give or withholds evidence or documents required, under
        subsection (3) commits an offence and is liable to a fine of $50000
        and to imprisonment for 6 months.