JUDICIAL OFFICERS (TRIBUNAL) RULES - CHAPTER 433A JUDICIAL OFFICERS (TRIBUNAL) RULES - LONG TITLE Empowering section VerDate:30/06/1997 (Cap 433 section 11) [30 August 1996] (L.N. 378 of 1996) JUDICIAL OFFICERS (TRIBUNAL) RULES - SECT 1 Interpretation VerDate:30/06/1997 PART I INTERPRETATION In these Rules, unless the context otherwise requires- "officer" (有關人員) means an officer in respect of whom a Tribunal has been appointed; "Tribunal" (審裁處) means a tribunal appointed by the Chief Justice under section 3(2) of the Ordinance. (Enacted 1996) "officer" (有關人員) "Tribunal" (審裁處) JUDICIAL OFFICERS (TRIBUNAL) RULES - SECT 2 Clerk to Tribunal VerDate:01/07/1997 Adaptation amendments retroactively made - see 26 of 1999 s. 3 PART II PROCEEDINGS PREPARATORY TO HOLDING INVESTIGATION BY TRIBUNAL (1) The Chief Justice shall designate a judicial officer to be the Clerk to the Tribunal. (2) The Clerk to the Tribunal shall carry out such duties related to the discharge of the functions of the Tribunal as he may be directed to perform by the Chairman of the Tribunal. (3) In this section "judicial officer" (司法人員) has the meaning assigned to it in section 2 of the Judicial Officers Recommendation Commission Ordinance (Cap 92). (26 of 1999 s. 3) (Enacted 1996) "judicial officer" (司法人員) JUDICIAL OFFICERS (TRIBUNAL) RULES - SECT 3 Service of notice VerDate:30/06/1997 (1) The notice referred to in section 6(2) and (3) of the Ordinance shall be served personally. (2) Notwithstanding the provisions of subsection (1) the Tribunal may make such order for substituted service as in all the circumstances may appear to be just. (Enacted 1996) JUDICIAL OFFICERS (TRIBUNAL) RULES - SECT 4 Notice of date of hearing VerDate:30/06/1997 The time to be specified in the notice under section 6(2)(b) of the Ordinance shall be a time on a day not less than 21 days after the date on which service of the notice was effected, as shall be specified in the notice. (Enacted 1996) JUDICIAL OFFICERS (TRIBUNAL) RULES - SECT 5 Inspection of documents VerDate:30/06/1997 The officer may inspect any documents received by the Tribunal in the course of its investigation. (Enacted 1996) JUDICIAL OFFICERS (TRIBUNAL) RULES - SECT 6 Representation VerDate:30/06/1997 (1) The officer or a person interested in the proceedings may be represented by a barrister, a solicitor or with the leave of the Tribunal, an agent. (2) In subsection (1) "person interested" (有利害關係的人) means a person named in any representation or statement referred to in section 3 of the Ordinance. (Enacted 1996) "person interested" (有利害關係的人) JUDICIAL OFFICERS (TRIBUNAL) RULES - SECT 7 Assistance to Tribunal VerDate:01/07/1997 Adaptation amendments retroactively made - see 26 of 1999 s. 3 (1) Where the Tribunal is of the opinion that it would facilitate or expedite its investigation or that it would help to ensure the fair and efficient conduct of its proceedings it may- (a) request the Secretary for Justice to nominate a legal officer (as defined in section 2 of the Legal Officers Ordinance (Cap 87)), serving in the Department of Justice; or (L.N. 362 of 1997; 26 of 1999 s. 3) (b) employ a barrister or solicitor, to assist it. (2) A barrister or solicitor employed by the Tribunal under subsection (1)(b) shall be employed on such terms and conditions as to remuneration as may be approved by the Chief Justice. (Enacted 1996) JUDICIAL OFFICERS (TRIBUNAL) RULES - SECT 8 Evidence VerDate:30/06/1997 PART III PROCEEDINGS OF TRIBUNAL (1) For the purpose of an investigation under the Ordinance- (a) the Tribunal may require evidence to be given on oath or affirmation and orally or in writing; (b) the Chairman of the Tribunal may administer an oath or affirmation to any person. (2) The officer may request the Tribunal to order any deponent to any affidavit to attend before it for the purpose of giving oral evidence and of being cross-examined. (3) Upon a request being made under subsection (2) the Tribunal may, unless it is satisfied that the deponent is absent from Hong Kong or is for any other good and sufficient reason unable to give evidence in person at the hearing, make an order requiring such attendance. (Enacted 1996) JUDICIAL OFFICERS (TRIBUNAL) RULES - SECT 9 Hearing in camera VerDate:30/06/1997 (1) Every hearing shall be held in camera unless the Tribunal determines that there is good reason for it to be held in public. (2) Where a hearing is held in camera the Tribunal shall determine which persons may be present. (Enacted 1996) JUDICIAL OFFICERS (TRIBUNAL) RULES - SECT 10 Adjournments VerDate:30/06/1997 The Tribunal may of its own motion, or upon the application of any party, adjourn the hearing upon such terms as to costs, or otherwise as the Tribunal shall think fit. (Enacted 1996) JUDICIAL OFFICERS (TRIBUNAL) RULES - SECT 11 Record of proceedings VerDate:30/06/1997 The Chairman of the Tribunal shall ensure that a record of the proceedings of the Tribunal is kept (whether by means of shorthand notes, mechanical recording or by other means). (Enacted 1996) JUDICIAL OFFICERS (TRIBUNAL) RULES - SECT 12 Power of the Tribunal to dispense with requirements of Rules VerDate:30/06/1997 The Tribunal may dispense with any requirements of these Rules respecting notices, affidavits, documents or service, in any case where it appears to the Tribunal to be just so to do. (Enacted 1996) JUDICIAL OFFICERS (TRIBUNAL) RULES - SECT 13 Extension or abridgment of time VerDate:30/06/1997 Where the Tribunal has specified a time limit within which a person is required to do anything for the purpose of its investigation of any matter it may, where it is satisfied that it is fair and reasonable to do so, extend or abridge such time limit. (Enacted 1996) JUDICIAL OFFICERS (TRIBUNAL) RULES - SECT 14 Retention of documents VerDate:01/07/1997 Adaptation amendments retroactively made - see 26 of 1999 s. 3 After the Tribunal has submitted its report to the Judicial Officers Recommendation Commission under section 7 of the Ordinance, the Chairman of the Tribunal shall forward all affidavits, books, papers, records and exhibits produced, used or made in connection with the proceedings to the Chief Justice. (Enacted 1996. 26 of 1999 s. 3) JUDICIAL OFFICERS (TRIBUNAL) RULES - SECT 15 Report VerDate:01/07/1997 Adaptation amendments retroactively made - see 26 of 1999 s. 3 Within a period of 7 days after the date on which the report pursuant to section 7 of the Ordinance is submitted to the Judicial Officers Recommendation Commission, the Chairman of the Tribunal shall send a copy thereof to the officer. (Enacted 1996. 26 of 1999 s. 3) JUDICIAL OFFICERS (TRIBUNAL) RULES - SECT 16 Costs VerDate:01/07/1997 Adaptation amendments retroactively made - see 26 of 1999 s. 3 If the Tribunal is of the opinion that the allegation or allegations made against the officer were without foundation or that the officer's defence was without merit, it may make such order as to costs as it considers fair and reasonable in the circumstances, including, if appropriate, an order for such costs to be taxed in the Court of First Instance on the party and party basis. (Enacted 1996. 26 of 1999 s. 3)