Fonction of
Committee of Enquiry
2
(2) The Committee of Enquiry shall consist of- (a) one of Her Majesty's Counsel for Hong Kong. being a member of the Bar of Hong Kong, unless the Chief Justice is of the opinion that in the circumstances of the case such an appointment is impracticable or inadvisable; and
(b) not less than two nor more than four, or in the event of no appointment being made under para- graph (a) not less than three nor more than five. members being members of the Hong Kong Bar who shall be practising barristers and shall have practised in Hong Kong for not less than five years.
(3) The expenses incurred by the Committee of Enquiry, including those of briefing counsel under section 34C, and payment of witnesses' expenses shall be paid out of general revenue upon a certificate issued by the Attorney General.
34B. (1) The Committee of Enquiry shall inquire into any complaint against a barrister laid before it by the Attorney General, or by the Solicitor General when appointed for the purpose by the Attorney General, or by the Bar Committee and shall-
(a) submit its findings in the form of a report to the Registrar, which report shall include its findings of fact and law and shall be open to the inspection of the barrister concerned, his advocate (if any) and also the Attorney General, or the Solicitor General when appointed for the purpose by the Attorney General, or of the Bar Committee when the complaint is laid by it but shall not be open to public inspection; and
(b) where it is the opinion of the Committee of Enquiry that a prima facie case of a misconduct has been made out, lay a signed copy of its report before the Full Court, together with the evidence taken and the documents put in evidence at the hearing.
(2) The laying of a complaint before the Committee of Enquiry shall be in the discretion of the Attorney General
or of the Bar Committee, as the case may be:
Provided that where a judge refers any complaint to the Attorney General or to the Bar Committee, the same shall be laid before the Committee of Enquiry.
(Cap. 6),
Powers of the Full Court.
Variation of
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(3) For the purposes of conducting an inquiry the Committee of Enquiry shall have all the powers which are set out in section 3 of the Commissioners Powers Ordinance as though the same had been specifically conferred upon it in the manner required by the provisions of that Ordinance. (4) All proceedings by the Committee of Enquiry and any report made in accordance with the provisions of sub- section (1) shall be deemed to be privileged.
34C. (1) Where a report is laid before the Full Court under section 34B, it may set down the same for hearing. and the Registrar shall give not less than fourteen days" notice of the date of such hearing to the barrister con- cerned, to the Attorney General and to the Commitice of Enquiry and at the same time shall forward to each a copy of the report of the Committee of Enquiry.
(2) At a hearing set down under subsection (1) (a) counsel may appear on behalf of the barrister concerned and the Committee of Enquiry may be represented by counsel or by the Attorney General or Solicitor General; and
(b) the Full Court shall afford to the barrister con- cerned or his counsel opportunity to make repre- sentation as to whether the hearing should be in public or in private; and
(c) the Full Court shall consider the report of the Committee of Enquiry, and may call for the record of the evidence taken before the Committee of Enquiry, and may take such other evidence, includ- ing any documents that were before the Committee of Enquiry, as it shall see fit.
(3) On completion of the bearing the Full Court may-
(a) censure the barrister; or
(b) suspend him from practising for such period as it
may specify; or
(c) order that his name be struck off the roll.
(4) Any order made under subsection (3) shall be published in the Gazette unless the Full Court shall other- wise direct, and may be published in such manner as the Full Court may direct.
34D. (1) Without derogating from the power of the order of the Chief Justice under section 37 to order the replacement on the roll of the name of a barrister who has been struck off
Full Court.
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