TNAG-2438-FCO40-3543-Hong-Kong-judiciary-appointments-1992 — Page 33

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DISCIPLINARY PROCEEDINGS (COLONIAL REGULATIONS) REGULATIONS

(Extracted from Annex IV of Civil Service Regulations)

PT.Z

Annex D

Citation

In exercise of the powers conferred by Colonial Regulations 56, 57 and 65, the Governor, with the approval of the Secretary of State, has made the following regulations

1. These regulations may be cited as the Disciplinary

Proceedings (Colonial Regulations) Regulations.

General Application

2.

Application

3.

to Judiciary

Officers to be given chance to exculpate himself

4.

These regulations shall apply only to officers confirmed to the permanent establishment.

(1) Nothing in these regulations shall apply to a judge of the Supreme Court or the District Court.

(2) In their application to the Registrar, Deputy Registrar or an Assistant Registrar of the Supreme Court, a president of a Tenancy Tribunal, president of the Lands Tribunal, a presiding officer of the Labour Tribunal or a Magistrate, these regulations shall be read as if

(a)

(b)

(c)

(8)

:

the reference in Regulations 7(2) and 8(3) to the Governor were references to the Chief Justice;

an Investigating Officer or an Investigating Committee shall be appointed under regulation 5 by the Chief Justice;

an Investigating Officer shall be a judge of the Supreme Court; and

an Investigating Committee shall normally include one OT more Supreme Court judges or persons who have held high judicial office in some Commonwealth country.

(1) The Governor shall, before he orders an investigation for the purposes of C.R. 56 or C.R. 57

(a) notify the officer of the grounds on which it is

proposed to order an investigation;

(b)

call upon the officer to state in writing, within such reasonable period as the Governor may specify, any grounds

upon which he relies

to

exculpate himself.

Amendment No. 7(c)/78