A Regulation to ensure the impartiality of the Board of Adjudications.

 

Hong Kong Aviation Forum Common Rule 

 

Cap. 4: Board of Adjudications Regulation

 

 

Part 1

 

Preliminary

 

1. Short Title

This Regulation may be cited as the Board of Adjudications Regulation. 

 

2. Interpretation 

In this Regulation—

adjudicator (裁決者) has the same meaning as in the Adjudication Act (Fund. Rule Cap. 7);

Board of Adjudications (裁決委員會) has the same meaning as in the Practice Direction 1.1.

 

 

Part 2

 

Contempt of Board of Adjudications

 

3. Power to punish person using insulting language to or concerning adjudicator

(1)  Any person who—

(a)  wilfully behaves in an insulting manner or uses any threatening or insulting expression to or concerning an adjudicator discharging any adjudicators’ duty; or

(b)  wilfully interrupts the proceedings of the board.

(2) The board may order any member of the administrators to suspend the person’s account from post and comment for a specified period not exceeding 14 days, impose post approval not exceeding 30 days, or impose activity limiting on the person, either in whole or in part.

(3)  The board may at any time revoke an order made under subsection (2).

[cf. 1981 c. 49 s. 12 U.K.; c. 227 s. 99 H.K.]

 

4. Punishment of failure of compliance to order

Any person who without just excuse fails to comply with an order when required to do so is guilty of a contempt of the board and is liable on conviction upon indictment up to removal from the group.

​

​

Part 3

 

Perverting the Course of Justice

 

5. Obstructing the course of justice of the board

(1) Any person who wilfully attempts in any manner to obstruct, pervert or defeat the course of justice of the board is guilty of a rule violation and is liable on conviction upon indictment up to permanent removal from the group.

(2) Without restricting the generality of subsection (1), any person must be deemed wilfully to attempt to obstruct, pervert or defeat the course of justice who in a proceeding before the board, existing or proposed—

(a) dissuades or attempts to dissuade a person by threats, bribes or other corrupt means from giving evidence;

(b) influences or attempts to influence by threats, bribes or other corrupt means a person in the person’s conduct as an adjudicator; or

(c) accepts or obtains, agrees to accept or attempts to obtain a bribe or other corrupt consideration to abstain from giving evidence, or to do or to refrain from doing anything as an adjudicator.

 

[cf. Canadian Criminal Code s. 139]