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If, by reason of the grossly disorderly conduct of a Member, the President is of the opinion that his powers under Rule 45(2) (Order in Council and Committee) are inadequate with respect to such grossly disorderly conduct, the President may, at any time he considers appropriate, name such Member.
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Where it comes to the knowledge of the President that a Member's grossly disorderly conduct has been committed in a committee of the whole Council, the Finance Committee or the House Committee, the President may, at any time he considers appropriate, name such Member if the President is of the opinion that the powers of the Chairman of the committee of the whole Council, the chairman of the Finance Committee or the chairman of the House Committee under Rule 45(2) (Order in Council and Committee) are inadequate with respect to such grossly disorderly conduct.
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Where a Member is named by the President under subrule (1) or (2), the President shall, on a motion being moved forthwith by the President's deputy, put the question "That (name of such Member) be suspended from the service of the Council".
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A motion moved under subrule (3) shall be voted on forthwith without amendment or debate.
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If a Member is suspended by a motion moved and passed under subrule (3), the duration of the suspension (including the day of suspension) –
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on the first occasion is one week;
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on the second occasion during the same term of the Council is two weeks; and
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on any subsequent occasion during the same term of the Council is twice that of the previous occasion, provided that such duration shall not extend beyond the end date of the term concerned.
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Any Member who is suspended from the service of the Council under this Rule shall immediately leave the Chamber. The suspended Member shall, for the duration of his suspension, be excluded from participation in the exercise of the Council's powers and functions under Article 73 of the Basic Law.
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If the suspended Member refuses to comply with subrule (6), the President shall order the Clerk to take such action as may be necessary to ensure compliance.
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The suspended Member shall not be entitled to receive any remuneration or allowance (including end-of-service gratuity) in respect of the period of suspension, but the suspended Member shall be entitled to be reimbursed the operating expenses incurred by him in respect of that period.
(L.N. 237 of 2021)
(L.N. 47 of 2021)