Cap. 433A 《司法人員(審裁處)規則》Judicial Officers (Tribunal) Rules
生效中Judicial Officers (Tribunal) Rules
(Enacting provision omitted—E.R. 2 of 2020)
[30 August 1996]
(Format changes—E.R. 2 of 2020)
Part I — Interpretation
1. Interpretation
In these Rules, unless the context otherwise requires—
officer (有關人員) means an officer in respect of whom a Tribunal has been appointed; Tribunal (審裁處) means a tribunal appointed by the Chief Justice under section 3(2) of the Ordinance.Part II — Proceedings Preparatory to Holding Investigation by Tribunal
2. Clerk to Tribunal
The Chief Justice shall designate a judicial officer to be the Clerk to the Tribunal.
The Clerk to the Tribunal shall carry out such duties related to the discharge of the functions of the Tribunal as he may be directed to perform by the Chairman of the Tribunal.
3. Service of notice
The notice referred to in section 6(2) and (3) of the Ordinance shall be served personally.
Notwithstanding the provisions of subsection (1) the Tribunal may make such order for substituted service as in all the circumstances may appear to be just.
4. Notice of date of hearing
The time to be specified in the notice under section 6(2)(b) of the Ordinance shall be a time on a day not less than 21 days after the date on which service of the notice was effected, as shall be specified in the notice.
5. Inspection of documents
The officer may inspect any documents received by the Tribunal in the course of its investigation.
6. Representation
The officer or a person interested in the proceedings may be represented by a barrister, a solicitor or with the leave of the Tribunal, an agent.
7. Assistance to Tribunal
Where the Tribunal is of the opinion that it would facilitate or expedite its investigation or that it would help to ensure the fair and efficient conduct of its proceedings it may—
request the Secretary for Justice to nominate a legal officer (as defined in section 2 of the Legal Officers Ordinance (Cap. 87)), serving in the Department of Justice; or (L.N. 362 of 1997; 26 of 1999 s. 3)
employ a barrister or solicitor,
to assist it.
A barrister or solicitor employed by the Tribunal under subsection (1)(b) shall be employed on such terms and conditions as to remuneration as may be approved by the Chief Justice.
Part III — Proceedings of Tribunal
8. Evidence
For the purpose of an investigation under the Ordinance—
the Tribunal may require evidence to be given on oath or affirmation and orally or in writing;
the Chairman of the Tribunal may administer an oath or affirmation to any person.
The officer may request the Tribunal to order any deponent to any affidavit to attend before it for the purpose of giving oral evidence and of being cross-examined.
Upon a request being made under subsection (2) the Tribunal may, unless it is satisfied that the deponent is absent from Hong Kong or is for any other good and sufficient reason unable to give evidence in person at the hearing, make an order requiring such attendance.
9. Hearing in camera
Every hearing shall be held in camera unless the Tribunal determines that there is good reason for it to be held in public.
Where a hearing is held in camera the Tribunal shall determine which persons may be present.
10. Adjournments
The Tribunal may of its own motion, or upon the application of any party, adjourn the hearing upon such terms as to costs, or otherwise as the Tribunal shall think fit.
11. Record of proceedings
The Chairman of the Tribunal shall ensure that a record of the proceedings of the Tribunal is kept (whether by means of shorthand notes, mechanical recording or by other means).
12. Power of the Tribunal to dispense with requirements of Rules
The Tribunal may dispense with any requirements of these Rules respecting notices, affidavits, documents or service, in any case where it appears to the Tribunal to be just so to do.
13. Extension or abridgment of time
Where the Tribunal has specified a time limit within which a person is required to do anything for the purpose of its investigation of any matter it may, where it is satisfied that it is fair and reasonable to do so, extend or abridge such time limit.
14. Retention of documents
After the Tribunal has submitted its report to the Judicial Officers Recommendation Commission under section 7 of the Ordinance, the Chairman of the Tribunal shall forward all affidavits, books, papers, records and exhibits produced, used or made in connection with the proceedings to the Chief Justice.
15. Report
Within a period of 7 days after the date on which the report pursuant to section 7 of the Ordinance is submitted to the Judicial Officers Recommendation Commission, the Chairman of the Tribunal shall send a copy thereof to the officer.
16. Costs
If the Tribunal is of the opinion that the allegation or allegations made against the officer were without foundation or that the officer’s defence was without merit, it may make such order as to costs as it considers fair and reasonable in the circumstances, including, if appropriate, an order for such costs to be taxed in the Court of First Instance on the party and party basis.