TNAG-2438-FCO40-3543-Hong-Kong-judiciary-appointments-1992 — Page 36

:

CM13001 9

4

Reference back

to Investigating

Officer or Committee

Proceedings changed from C.R. 56 to

C.R. 57

9.

(5) The enquiries should not be conducted with undue formality and while there is ΠΟ standard practice. which would be applicable to every case, it is emphasised that the Investigating Officer or Committee is not exercising 2 legal function, but rather ascertaining the facts.

in

(6) If an officer fails to attend as required by a notice issued under paragraph (1), and at such other subsequent times and places as the Investigation Officer OF Committee may require,

require, orally writing, the investigation may continue in his absence and the provisions of paragraph (2) shall be deemed to have been complied with.

or

The Governor may, after considering a report submitted

by an Investigating Officer OT Committee, without

prejudice to his power to inflict punishment under

C.R. 56 or C.R. 57

(a) require the Investigating Officer or Committee to make such further investigation as the Governor may order; or

25

(b) require the Investigating Officer or Committee to

answer such questions or ascertain such facts the Governor may require.

10. If, during or after an investigation for the purposes of C.R. 56, the Governor considers that proceedings should be taken under C.R. 57, he may direct that the investigation under C.R. 56 should be discontinued and that proceedings under C.R. 57 should be instituted.

Amendment No. 7(c)/78