3. Impartiality and independent
The need for impartiality and independence is sometimes also known as the rule against bias. Bias can be generally split into three types: (1) actual bias, (2) presumed bias, and (3) apparent bias.
“Actual bias” refers to the situation where a decision-maker has actually been prejudiced or been affected by impartiality in coming to a decision.
“Presumed bias” refers to a situation where the decision--maker is disqualified due to inherent interests which the decision-maker may have in the outcome of the decision, such as shareholding in a concerned company, or being the judge of a family member’s case. This would exist even if the decision-maker was willing and able to act impartially.
“Apparent bias” is the most commonly referred to ground of bias, which exists if a fair-minded and informed observer, having considered the facts, would come to the conclusion that there was a real possibility the tribunal was biased: See Deacons v White and Case (2003) 6 HKCFAR 322 & HKSAR v Md Emran Hossain (2016) 19 HKCFAR 679.
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