Article 79(7) of the Basic Law ("BL") provides that 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 present.
A motion may be moved to censure a Member under BL 79(7) and Rule 49B(1A) (Disqualification of Member from Office) of the Rules of Procedure ("RoP"). Under RoP 49B(2A), where such a censure 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 consists of a chairman, a deputy chairman and five members who are 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 censure 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 investigation of the matter referred to it.
The quorum and procedure for an investigation committee are provided for in RoP 73A.
