1971-HKRS30-16-30_Part01 — Page 32

(d) suspension; or

(e) expulsion from the University.

and where applicable may require such student to make good any damage to property or premises caused by him;

Provided that where the Committee is satisfied that any damage to or defacement of property was accidentally caused it shall not impose any penalty on the student responsible for such damage to or defacement of property, but may require such student to make good the damage or defacement accidentally caused.

(2) In this paragraph "suspension" means the withdrawal for two months or more of all academic or other University privileges, benefits, rights, and facilities and during the period of suspension the student shall not be entitled to enter of remain on any property or premises of the University:

Provided that the Committee may ip its discretion and taking into account the length of the period of suspension permit the student to remain eligible for the benefit of the health service.

(3) The Vice-Chancellor may at any time permit any student in respect of whom a penalty of suspension or withdrawal has been imposed to enter and remain on the property or premises of the University for such purposes an may be specified by the Vice- Chancellor in writing in letter addressed to the student.

(4) Where under this paragraph or paragraph 8 a student is suspended his entitlement to take any examination shall be deler. mined according to the regulations made by the Senate governing the conditions for the award of degrees, diplomas, certificates and other marks of distinction, and governing courses of study and examinations.

(5) Where the Committee orders the imposition of any penalty the operation of any such order shall be suspended until expiration of fourteen days after the day on which such order was made or such longer period as may be permitted by the Committee or by the Secretary for giving notice of appeal under paragraph 7. Where notice of appeal is given the operation of any such order sball be further suspended until the determination of the appeal.

5. Where it is alleged that a student has been convicted of an offence by a court of law the Committee shall confine it proceedings to-

(a) hearing evidence in proof of conviction:

(b) bearing evidence as to the sentence imposed by the court; (e) hearing evidence given in mitigation of any penalty which

may be imposed by the Committee; and

(d) the imposition, if it thinks fit, of any penalty which it is empowered to impose under paragraph 4 (except ■ Öne where a fine has already been imposed by a court of law);

Provided that no penalty of withdrawal, suspension or expulsion shall be imposed unless it is satisfied that the continued presence of that student in the University or his continued enjoyment of any or all of its privileges, benefits, rights or facilities would be detrimental to the well-being of the University.

The Committee may summon before it for the purpose of giving evidence at any hearing any student, teacher or employee of the University. Any failure to attend upon such yummons by a student may be treated as an offence under sub-sub-paragraph (k) of sub-paragraph (1) of paragraph 2 and any such failure by a teacher or employer of the University may be referred by the Commüller 10 the Council for funher action.

7. (1) A right of appeal against any finding of ur penalty imposed by the Committee shall lie within fourteen days to the Council:

Provided that the University shall have no such right of appeal.

(2) Notwithstanding the provisions of sub-paragraph (1) where the Comunittee has imposed a fine and where for the same offence a fine has subsequently been imposed by a court of law, a right of appeal for a remission of the fine imposed by the Committee in whole or in part shall lie to the Council within thirty days from the date of the imposition of the fine by the court,

(1) Notwithstanding the provisions of sub-paragraph (4) of paragraph 4, pending the Endings of the Committee concerning any complaint or pending an appeal to the Council against any finding of or penalty imposed by the Committee the Vice-Chancellor may. where he is satisfied that it is absolutely necessary for the protection of the members or the proper functioning of the University, tem- porarily withhold any privilege, benefit, right or facility from the student against whom the complaint has been brought or who has appealed to the Council; and this temporary withholding shall lapse thirty days after the order for it has been made unless the Vice- Chancellor specifically renews it for a further period; every period renewed by the Vice-Chancellor shall lapse thirty days after its date of renewal unless specifically further renewed:

Provided that pending appeal to the Council the Vice-Chancellor shall not exercise bis power of withholding unless the Committee has imposed a like penalty of withdrawal.

(2) Any period of temporary withholding imposed by the Vice- Chancellor under this paragraph shall be taken into account by the Committee in exercising its powers under paragraph 4 and by the Council in exercising its powers to review penalties on appeal. Any period of withdrawal imposed by the Committee or by the Council shall be deemed to include any period of temporary withholding imposed by the Vice-Chancellor under this paragraph.

9. The commencement or non-comthencement of civil or criminal proceedings against a student shall not prejudice, preclude or in any way restrict the powers of the Committee under this statuke in so far as the same may be practicable.

10. The proceedings of the Committer shall be conducted in camera. While the Committee considers its decision on any case before it the student and his representative and the University's representative shall withdraw but shall thereafter return to bear the decision.