TNAG-1280-FCO40-1631-Public-Service-in-Hong-Kong-devolution-of-Secretary-of-State-1983 — Page 11

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

subsection (6) of this section and the tribunal has recommended to the Governor that he ought to be removed from office for inability as aforesaid or for misbehaviour.

(6) If the Governor, acting in his discretion, considers that the question of removing a member of the Board under this section ought to be investigated, then--

(a) the Governor shall appoint a tribunal which shall consist of a chairman and not less than two other members, selected by the Chief Justice from among persons who hold or have licid or are qualified to hold high :dicial office : and

(b; the tribunal shall enquire into the metter and report on the facts thereof to the Governor and recommend to him whether the member ought to be removed under this section.

(7) If the question of removing a member of the Board has been referred to a tribunal under this section. the Governor, acting in his discretion, may suspend that member from performing the functions of his office and any such suspension may at any time be revoked by the Governor, acting as aforesaid, and hall in any case cease to have efect if the tribunal recommends to the Governor that that member should not be removed from office.

(8) Subsections (5). (6) and (7) of this section shall not apply in relation to 2 member of the Board who is a judge of the Supreme Court or a judge of the Court of Appeal. and his removal from, or suspension from performing the functions of his office as a judge under section 88 or 93. as the case may be, of this Constitution shall have the like effect in relation to him as a member of the Board.

(9) (a) If the office of any member of the Board is vacant or the holder thereof is for any reason unable to perform the functions of his office, the Governor may appoint a person who is qualified to be appointed to that office to act in that office, and any person so appointed may, subject to the provisions of subsection (3)(b) and of subsections (4) to (8) (inclusive) of this section. continue so to act until he is notified by the Governor that the circumstances giving rise to the appointment have ceased to exist.

(b) In the exercise of the powers conferred by paragraph (a) of this subsection the Governor shall act in the same manner as he would act if he were making an appointment under subsection (1) of this section to the office concerned.

(10) In thi. section "the appropriate representative body" means st

is such body representing the interests of public officers as the Governor may, by order, prescribe.

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cases.

101-(1) Subject to the provisions of this section, an appeal shall Appeals in lie to the Public Service Board of Appeal at the instance of the disciplinary officer in respect of whom the recommendation is made against any recommendation made by the Public Service Commission to the Governor that any public officer should be removed from office or that any penalty should be imposed on him by way of disciplinary control.

(2) Before the Governor acts in accordance with any recommendation of the Public Service Commission in respect of which an appeal lies to the Public Service Board of Appeal, he shall inform the said officer

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