1989 Ed.]
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Committee; except that where the Secretary has failed to make any appointment from the Senate panel under paragraph 2(1)(a) and the Senate has failed to make any appointment under paragraph 3(3), the Chancellor shall appoint the Chairman.
7.
(1) The Secretary shall be the secretary to the Committee but shall not be a member thereof. (2) The Secretary may exercise his functions as secretary of the Committee by deputy. (L.N. 58 of 1976)
8. At every meeting of the Committee involving consideration of a disciplinary matter there shall be present a solicitor appointed by the University who shall act as legal adviser to but not as a member of the Committee.
9. (1) 3 members of the Committee shall form a quorum. If at any time during the hearing of a case involving a disciplinary matter there are less than 3 members of the Committee present then the proceedings in that case shall stand adjourned.
(2) Any member of the Committee who is absent for any part of the hearing of a case involving a disciplinary matter shall cease to be a member of the Committee for the purposes of that case.
10. (1) If at any time before the hearing of a case involving a disciplinary matter it is decided by the Committee that a member of the Committee has a direct personal interest in the case, such member shall withdraw his acceptance of appointment to the Committee by notifying the Secretary who shall appoint a new member to the Committee in accordance with the provisions of paragraph 2(1).
(2) If at any time during the proceedings in respect of any case involving a disciplinary matter it is decided by the Committee that a member of the Committee has a direct personal interest in the case, such member shall withdraw from the proceedings and shall cease to be a member of the Committee for the purposes of that case and shall not be a party to any decision subsequently made in respect of it.
(3) If at any time it appears to a member of the Committee that he has a direct personal interest in a case about to be brought before the Committee or being heard before the Committee, such member shall declare his interest to the Committee who shall decide whether or not such member shall withdraw under subparagraph (1) or (2).
(4) Notwithstanding paragraph 11-
(a) a decision as to the withdrawal of a member under this paragraph shall be made by a majority of the members of the Committee who are present and voting other than the member whose personal interest in the case is in question; and
(b) in the event of an equality of votes the decision of the Committee shall be deemed to be that the member shall withdraw.
(5) The withdrawal of a member shall not be ordered under this paragraph unless the Committee decides, after hearing such evidence as it thinks fit, that there is a real likelihood of bias.
(6) Where the withdrawal of a member has been ordered under this paragraph, the Committee shall forthwith determine whether it shall continue the current proceedings without that member or abandon the same and order a new hearing by the Committee in which the member so withdrawn shall not be a member.
11. Decisions of the Committee shall be made by a majority of the members present and voting at a duly constituted meeting. In the event of an equality of votes the Chairman shall have a casting vote in addition to his original vote except in the case of a verdict of guilty or not guilty. Where an equality of votes occurs in relation to any such verdict upon a student a verdict of not guilty shall be recorded.
(L.N. 19 of 1971)
STATUTE XXXI
POWERS OF THE DISCIPLINARY COMMITTEE
1. In this statute, unless the context otherwise requires, "Committee" means the Disciplinary Committee appointed under paragraph 2 of Statute XXX. (L.N. 58 of 1976)
2. (1) The Committee shall investigate and make findings upon any complaint ordered to be brought before it by the Vice-Chancellor against a student who is alleged to have committed any of the following-
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1989 Ed.]
University of Hong Kong
[CAP. 1053
29
Committee; except that where the Secretary has failed to make any appointment from the Senate panel under paragraph 2(1)(a) and the Senate has failed to make any appointment under paragraph 3(3), the Chancellor shall appoint the Chairman.
7.
(1) The Secretary shall be the secretary to the Committee but shall not be a member thereof. (2) The Secretary may exercise his functions as secretary of the Committee by deputy. (L.N. 58 of 1976) 8. At every meeting of the Committee involving consideration of a disciplinary matter there shall be present a solicitor appointed by the University who shall act as legal adviser to but not as a member of the Committee.
9. (1) 3 members of the Committee shall form a quorum. If at any time during the hearing of a case involving a disciplinary matter there are less than 3 members of the Committee present then the proceedings in that case shall stand adjourned.
(2) Any member of the Committee who is absent for any part of the hearing of a case involving a disciplinary matter shall cease to be a member of the Committee for the purposes of that case.
10. (1) If at any time before the hearing of a case involving a disciplinary matter it is decided by the Committee that a member of the Committee has a direct personal interest in the case, such member shall withdraw his acceptance of appointment to the Committee by notifying the Secretary who shall appoint a new member to the Committee in accordance with the provisions of paragraph 2(1).
(2) If at any time during the proceedings in respect of any case involving a disciplinary matter it is decided by the Committee that a member of the Committee has a direct personal interest in the case, such member shall withdraw from the proceedings and shall cease to be a member of the Committee for the purposes of that case and shall not be a party to any decision subsequently made in respect of it.
(3) If at any time it appears to a member of the Committee that he has a direct personal interest in a case about to be brought before the Committee or being heard before the Committee, such member shall declare his interest to the Committee who shall decide whether or not such member shall withdraw under subparagraph (1) or (2).
(4) Notwithstanding paragraph 11-
(a) a decision as to the withdrawal of a member under this paragraph shall be made by a majority of the members of the Committee who are present and voting other than the member whose personal interest in the case is in question; and
(b) in the event of an equality of votes the decision of the Committee shall be deemed to
be that the member shall withdraw.
(5) The withdrawal of a member shall not be ordered under this paragraph unless the Committee decides, after hearing such evidence as it thinks fit, that there is a real likelihood of bias.
(6) Where the withdrawal of a member has been ordered under this paragraph, the Committee shall forthwith determine whether it shall continue the current proceedings without that member or abandon the same and order a new hearing by the Committee in which the member so withdrawn shall not be a member.
11. Decisions of the Committee shall be made by a majority of the members present and voting at a duly constituted meeting. In the event of an equality of votes the Chairman shall have a casting vote in addition to his original vote except in the case of a verdict of guilty or not guilty. Where an equality of votes occurs in relation to any such verdict upon a student a verdict of not guilty shall be recorded.
(L.N. 19 of 1971)
STATUTE XXXI
POWERS OF THE DISCIPLINARY COMMITTEE
1. In this statute, unless the context otherwise requires, "Committee" means the Disciplinary Committee appointed under paragraph 2 of Statute XXX. (L.N. 58 of 1976)
2. (1) The Committee shall investigate and make findings upon any complaint ordered to be brought before it by the Vice-Chancellor against a student who is alleged to have committed any of the following-
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