TNAG-2694-FCO40-3900-Hong-Kong-Judiciary-and-judicial-appointments-1993 — Page 4

Tribunal

6.

(1)

The tribunal appointed by the Chief Justice under section

3 (2) shall consist of 2 judges of the Supreme Court, one of whom the

Chief Justice shall appoint as Chairman of the tribunal, and a

public officer.

(2)

(3)

The Chairman shall, by written notice -

(a)

(b)

(c)

inform the officer of the allegations against him,

the substance of the evidence in support of those.

allegations and any other matters that may be.

investigated;

invite the officer to appear before the tribunal at a

time and place specified in the notice; and

invite the officer to produce at the time and place

specified any witnesses and other evidence whom or

which he wishes to present in his defence.

The tribunal may, by notice under the signature of the

Chairman, order a person to produce documents or to attend and give

evidence before the tribunal.

(4) Subject to rules that, may be made under section 11, the

tribunal may determine its own procedure and it is not bound by the

rules of evidence.

(5) If, after reasonable notice and without reasonable excuse,

excus

the officer fails to attend at the time and place specified by the

Chairman, the tribunal may proceed with the investigation.

(6) A person who without reasonable excuse

(a) fails to attend when required; or

(b) refuses to give or withholds evidence or documents

required,

under subsection (3) commits an offence and is liable to a fine of

$50,000 and to imprisonment for 6 months.