TNAG-2438-FCO40-3543-Hong-Kong-judiciary-appointments-1992 — Page 35

M13001 8

(c)

the opinion of the Investigating Officer or Committee as to whether or not the facts amount to misconduct.

Hearings under

C.R. 56 and

C.R. 57

8.

(1) An Investigating Officer ΟΙ Chairman of an Investigating Committee, carrying out an investigation.. for the purposes of C.R. 56 or C.R. 57, shall, by written notice to the officer

(a) require the officer Co appear before the Investigating Officer or Committee at such time and place as may be specified;

(b) require the officer to produce at such time and

place any witnesses and other evidence whom which he wishes to present in his defence; and

OT

(c) inform the officer of the misconduct alleged

against him.

(2) The officer shall, during an investigation for the purposes of C.R. 56 or C.R. 57

(a) be entitled to know the whole case against him;

(b) be afforded an adequate opportunity of making his defence, either orally or in writing as he may prefer;

(c) be given an adequate opportunity to question any

witnesses.

(3) The officer may be assisted in his defence by

(a)

(b)

another public officer (with the exception of a legally qualified office=) who may be a representative member of a staff association represented on the Senior Civil Service Council;

OF

such other person as the Governor may authorise.

(4) An Investigating Officer or Committee may enquire into any matter and admit and take into account any evidence or information which the Officer or Committee

considers relevant, and shall not be bound by any

rules of evidence.

Amendment No. 7(c)/78