1989 Ed.]
[CAP. 333
107
4. A member may at any time resign his office by notice in writing to the Governor.
5. The chairman shall vacate his office if at any time he ceases to hold office as a judge of the Supreme Court.
6. A member other than the chairman may be removed from office by the Governor for disability, bankruptcy, neglect of duty or misconduct proved to the satisfaction of the Governor.
7. If an inquiry has been commenced by the Tribunal but not completed before the expiry of the chairman's term of office or before the resignation from or vacation of office by a member takes effect, the Governor may authorize the chairman or member to continue as chairman or a member of the Tribunal for the purpose of completing that inquiry.
8. An inquiry may be continued, notwithstanding any change in the membership of the Tribunal, as if the change had not occurred; and in particular evidence taken by the Tribunal need not be taken again on account of the change.
Temporary members
9. The Governor may appoint a temporary member of the Tribunal to act in place of any member who is precluded by illness, absence from Hong Kong or any other cause from exercising his functions or who considers it improper or undesirable that he should exercise his functions in relation to any specified matter.
10. A temporary member who is appointed to act in place of the chairman shall be a person who holds office as a judge of the Supreme Court and a temporary member who is appointed to act for an ordinary member shall not be a person who would be disqualified under section 141G(3) from appointment as a member.
11. A temporary member who acts in place of the chairman or other member shall be deemed for all purposes to be the chairman or other member of the Tribunal as the case may be.
Sittings and representation
12. The chairman shall convene such sittings of the Tribunal as he thinks necessary for the efficient performance of its functions.
13. The chairman shall preside at all sittings of the Tribunal and no sitting shall be held unless the other 2 members are also present.
14. Every question before the Tribunal shall be determined by the opinion of the majority of the members except a question of law which shall be determined by the chairman.
15. Every sitting of the Tribunal shall be held in camera and, subject to paragraph 16, the Tribunal shall determine which persons may be present.
16. A person whose conduct is the subject of an inquiry or who is implicated, or concerned in the subject matter of an inquiry shall be entitled to be present in person at any sitting of the Tribunal relating to that inquiry and to be represented by a barrister or solicitor.
17. For the purposes of paragraph 16 the Tribunal shall determine whether the conduct of any person is the subject of the inquiry or whether a person is in any way implicated or concerned in the subject matter of the inquiry.
18. The Tribunal may appoint a legal officer nominated by the Attorney General, a barrister or a solicitor to act as counsel for the Tribunal.
19. In paragraph 16 "sitting" does not include any meeting of the Tribunal which is held for the purpose of deliberating on any question before the Tribunal.
(Schedule 3 added 8 of 1978 s. 9)