Legislative Council Annual Report 2016-2017

Investigation committee Under Article 79(7) of the Basic Law ("BL"), the President of the LegislativeCouncil shall declare that aMember is no longer qualified for the officewhen he or she is censured for misbehaviour or breach of oath by a vote of two-thirds of theMembers present. A motion may be moved to censure a Member under BL 79(7) and Rule 49B(1A) of the Rules of Procedure ("RoP"). Under RoP 49B(2A), upon the moving of the motion, debate shall be adjourned and thematter stated in themotion shall be referred to an investigation committee unless the Council otherwise orders. An investigation committee consists of a chairman, a deputy chairman and five members who shall be Members appointed by the President in accordance with an election procedure determined by the House Committee. Under RoP 73A(2), the committee is responsible for establishing the facts stated in the censure motion and giving its views on whether or not the facts as established constitute grounds for the censure. The committee is required to report to the Council as soon as it has completed investigation of thematter referred to it. A motion may be moved to censure a Member under Article 79(7) of the Basic Law and Rule 49B(1A) of the Rules of Procedure. Legislative Council Annual Report 2016-2017 47