Certain persona Ineligible for
MCNA members of Commirciuq.
Secretary w
the Com-
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Function of Commission.
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mua and
members.
Second Sebedule.
(f)
2
not more than three members appointed by the Governor, one of whom may be a judge of the Supreme Court,
(2) An appointed member-
(a) may resign his office by notice in writing to the Governor; (6) shall vacate his office after two years, but shall be eligible for
re-appointment
(3) The Chairman and not less than two members may exercise and perform any of the functions, powers and duties of the Cómmission, bul the Commission shall not pass a resolution except by the unanimous vote of the Chairman and every member who considers the resolution.
(4) The Commission may authorize the Chairman to exercise and perform, either generally or in any particular case, such of the functions, powers and duties of the Commission under this Ordinance as it may specify.
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(5) Anything which may be done at a meeting of the Commission may be done by the circulation of papers for the consideration of the Chairman and not less than two members and in particular-
(a) a resolution of the Commission may be passed without a meeting, but the resolution and the voting thercon shall be recorded in writing and the Chairman and any member who considers tha resolution shall sign his name to his vote; and
(b) advice on any matter may be formulated without a mestine but the advice of the Chairman and any member who considers the matter shall be recorded in writing and each shall sign his bame to the advice given by him,
(6) If any appointed member is absent from Hong Kong or is unable to act, the Governor may appoint another person to act temporarily na a member,
4. A person shall not be appointed to be a member of the Com- mission if-
(0) he is a member of the Legislative Council; or
(b) he holds a pensionable office (other than the office of judge of the Supreme Court) the emoluments whereof are payable wholly or partly out of public revenue or out of the revenue or funds of the Urban Council, unless he is on leave prior to retirement and has already reecived official notification of the pension which will be payable to him for service which comprised service in the office or post of which he is the holder.
5.
(1) The Governor shall appoint a public officer to act as Secretary to the Commission.
(2) The Secretary shall not be a member of the Commission.
6. The Commission shall advise the Governor regarding- (a) the filling of vacancies in judicial offices;
(b) such representations from a judicial officer concerning conditions
of service as may be referred to it by the Governor;
(c) say matter affecting judicial officers which may be prescribed
or which the Governor may refer to the Commission.
Members appointed under section 3(1) or appointed lemporarily under section 3(6) shall on first appointment take an oath or make an affirmation in the form in the Second Schedute, which shall be administered by a judge.
B. Any person who, in connexion with any matter on which it is the duty of the Commission to advise the Governor under this Ordinance, wilfully gives to the Commission or a member thereof any information which is false in a material particular shall be guilty of an offence and shall be liable on conviction to a fine of two Thousand dollars and to imprisonment for two years.
+ Any report, statement or other communication which the Com- mission may in the exercise of its functions or the discharge of its duties make to the Governor or to the Chief Justice shall be privileged in that is production may not be compelled in any legal proceedings.
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10. A member of the Commission shall have the same protection Protection to and privileges la proceedings brought against him for any act done in members, the execution of his duty as such member as a judge has when acting
in the execution of his office.
11. (1) Any member of the Commission or other person who, without Pubillation the permission of the Governor. publishes or discloses to any unauthorized and declare person or otherwise than in the course of duty the contents or any part to goo
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of the contents of any document, communication or information whatso- reed persona ever which has come to his knowledge in the course of his duties under whibited. or in connexion with this Ordinance shall be guilty of an offence and shall be liable on canviction to a fine of two thousand dollars and to imprisonment for one year.
(2) If any person having any information which to his knowledge has been disclosed in contravention of this section publishes or discloses such information to any other person otherwise than for the purpose of any prosecution under this Ordinance. he shall be guilty of an offence and shall be liable on conviction to a fine of two thousand dollars and te imprisonment for one year,
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12. Any person who otherwise than in the course of his duty directly offence to or indirectly by himself or by any other person in any manner whatsoever Ducks or influences or attempts to influence a decision of the Commission or any induener member shall be guilty of an offence and shall be liable on conviction Connotanton, lo a fine of four thousand dollars and to imprisonment for two years:
Provided that this section shall not prohibit
(0) any person from giving a certificate or testimonial to any applicant or candidate for appointment as a judicial officer or from supplying any information or assistance on request made by the Commission; or
(b) any judicial officer from making representations to the Commis
ston in such manner and to such extent as the Governor may provide.
13. (1) The Governor In Council may by regulation provide for- (a) the discharge by the Commission of additional functions;
Power of Guveront im Coubell to JOB TOU
(b) the time, place and manner of the exercise by the Commission des
of its functions:
(e) farms and lees in connexion with applications to the Commission, reports or communications from the Commission or any other matter required by or under this Ordinance;
(d) any matter which is to be or may be prescribed.
(2) Regulations may provide for the manner in which the Commission is to proceed in any case in which the advice tendered is not the unanimous advice of the Commission or the members by whom a matter has been considered
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