First Legislative Council (1998 - 2000)

An investigation committee may be established under Rule 49B(2A) (Disqualification of Member from Office) of the Rules of Procedure following a motion to censure a Member under Article 79(7) of the Basic Law has been moved.

Under Article 79(7), the President of the Legislative Council shall declare that a Member is no longer qualified for the office when he or she is censured for misbehaviour or breach of oath by a vote of two-thirds of the Members of the Legislative Council present. Where such a motion has been moved, the matter stated in the motion shall be referred to an investigation committee unless the Council orders otherwise.

An investigation committee shall consist of a chairman, a deputy chairman and 5 members who shall be Members appointed by the President in accordance with an election procedure determined by the House Committee. The committee is responsible for establishing the facts stated in the motion and gives 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 its work.

The quorum of an investigation committee and the procedure for the conduct of its business are provided in Rule 73A of the Rules of Procedure.