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(d) a former Justice of Appeal of the Court of Appeal; or

(e) a former judge of the Court of First Instance.

40. Functions of Commissioner

The functions of the Commissioner are—

(a) to oversee the compliance by departments and their officers with the relevant requirements; and

(b) without limiting the generality of paragraph (a), to—

(i) conduct reviews under Division 2;

(ii) carry out examinations under Division 3;

(iii) give notifications to relevant persons under Division 4;

(iv) submit reports to the Chief Executive and make recommendations to the Secretary for Security and heads of departments under Division 5;

(v) perform any further functions prescribed by regulation made under section 66 for the purposes of this subparagraph; and

(vi) perform such other functions as are imposed or conferred on him under this Ordinance or any other enactment.

Division 2—Reviews by Commissioner

41. Reviews on compliance with relevant requirements

(1) The Commissioner shall conduct such reviews as he considers necessary on compliance by departments and their officers with the relevant requirements.

(2) Without limiting the generality of subsection (1), the Commissioner shall conduct reviews on cases in respect of which a report has been submitted to him under section 23(3)(b), 26(3)(b)(ii) or 54.

(3) Upon the conduct of any review under subsection (1) or (2), the Commissioner shall record in writing—

(a) details, as identified in the review, of any case of failure by any department or any of its officers to comply with any relevant requirement; and

(b) any other finding he has made in the review.

42. Notifications to departments concerned, etc.

(1) The Commissioner shall notify the head of any department concerned of his findings in a review under section 41(3).