DISCIPLINARY HEARINGS : AN INTERESTING POINT OF LAW...........( Article by Professor Hu Chi Ku Chi )

When social and sports club committees get involved with disciplinary hearings , they are put into a position to make quasi-judicial decisions , albeit with little or no legal expertise.
Firstly , they are asked to make a judgement call on whether or not an alleged offence has taken place. Secondly , they are then obliged , if the complaint is upheld , to determine a proportionate punishment in keeping with the nature and degree of the offence committed.
However , what the courts expect of committees is that they attempt to the best of their ability to remove all prejudice and bias they might harbour against the accused member. Indeed , they must strive to be " fair-minded and informed observers ".
But how does one define a fair-minded and informed observer ?  From my review of some relevant case law on the subject , it would seem that each and every committee member should display the following attributes ;
1. Those involved at a disciplinary hearing need to approach the task in hand with an open mind , and without any pre-judgements in relation to the key decisions that lie ahead. 
2. Judgement need to be reserved on every issue until all relevant evidence has been reviewed and all arguments and issues raised by both sides have been fully understood
3. Minority or dissenting views should be allowed and listened to carefully , so that objective assessments can be made regarding their possible validity and merit. 
4. Before taking a balance approach on any information which is contentious or perhaps irrelevant, committee members need to focus solely on the information which is not in dispute , but clearly relevant to the process of responsible decision making. Hearsay information therefore should never be considered in any discussions. , or allowed to influence the making of decisions.
Although a fair-minded and informed observer is not expected by a court to possess the skills and legal know-how a lawyer, he or she will be expected to appreciate and recognise how the legal process works in practice. How basic rules of natural justice need to be applied. How the accused member is entitled to be presumed innocent as opposed to being presumed guilty. In small clubs, where legal expertise is in short supply but personal feelings , emotions and animosities often run high , there is always the risk that prejudice and pre-judgements have already become unhealthy bedfellows.
So , in summary , if bias can be established by an accused member who is alleging wrongful suspension or expulsion , the court might well instruct the committee to change its decision. Even apparent bias is sufficient to convince the court of possible wrongdoing by the committee or any of its influential members . But what is certain is that the judge will put himself in the position of a fair-minded and informed observer , being the reasonable man who will act in both an objective and impartial way.. If he believes there is enough evidence to establish the possibility of apparent bias  at the time of the hearing , or within the disciplinary procedure leading up to the hearing , then he will certainly find against the club.