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CAP. 1053]

University of Hong Kong

[1989 Ed.

7.

(1) A right of appeal against any finding of or penalty imposed by the Committee shall lie within 14 days to the Council:

Provided that the University shall have no such right of appeal.

(2) Notwithstanding the provisions of subparagraph (1), where the Committee has imposed a fine and where for the same offence a fine has subsequently been imposed by a court of law, a right of appeal for a remission of the fine imposed by the Committee in whole or in part shall lie to the Council within 30 days from the date of the imposition of the fine by the court.

8. (1) Notwithstanding the provisions of paragraph 4(4), pending the findings of the Committee concerning any complaint or pending an appeal to the Council against any finding of or penalty imposed by the Committee the Vice-Chancellor may, where he is satisfied that it is absolutely necessary for the protection of the members or the proper functioning of the University, temporarily withhold any privilege, benefit, right or facility from the student against whom the complaint has been brought or who has appealed to the Council; and this temporary withholding shall lapse 30 days after the order for it has been made unless the Vice-Chancellor specifically renews it for a further period; every period renewed by the Vice-Chancellor shall lapse 30 days after its date of renewal unless specifically further renewed:

Provided that pending appeal to the Council the Vice-Chancellor shall not exercise his power of withholding unless the Committee has imposed a like penalty of withdrawal.

(2) Any period of temporary withholding imposed by the Vice-Chancellor under this paragraph shall be taken into account by the Committee in exercising its powers under paragraph 4 and by the Council in exercising its powers to review penalties on appeal. Any period of withdrawal imposed by the Committee or by the Council shall be deemed to include any period of temporary withholding imposed by the Vice-Chancellor under this paragraph.

9.

The commencement or non-commencement of civil or criminal proceedings against a student shall not prejudice, preclude or in any way restrict the powers of the Committee under this statute in so far as the same may be practicable.

10. The proceedings of the Committee shall be conducted in camera. While the Committee considers its decision on any case before it the student and his representative and the University's representative shall withdraw but shall thereafter return to hear the decision.

11. (1) The findings of the Committee shall be posted on such notice-boards as may be specified by the Secretary, but a finding of "guilty" shall not be posted unless the time for appeal specified in paragraph 7(1) has elapsed and no appeal has been made to the Council.

(2) For the purpose of this paragraph "findings" shall include the name of the student against whom the complaint was made, the nature of the offence complained of, the provision of the statute under which the complaint was brought, the decision of the Committee on the complaint, and the penalty, if any, imposed by the Committee.

12. The Committee may exercise all or any of the powers conferred under this Statute notwithstanding that the student against whom a complaint has been made has ceased to be a student at the time of the hearing by the Committee of the complaint or at the time when the Committee makes its findings on the complaint. (L.N. 54 of 1972)

(L.N. 19 of 1971)