DIRECTIONS BY THE GOVERNOR UNDER REGULATION 7 OF THE
DISCIPLINARY PROCEEDINGS (COLONIAL) REGULATIONS
In exercise of the powers conferred by Regulation 7 of the Disciplinary Proceedings (Colonial) Regulations the Governor has given the following general directions to be observed by an Investigating Committee carrying out an investigation under Colonial Regulation 57.
1.
2.
I
PRELIMINARY
The officer alleged to have been guilty of misconduct (hereinafter referred to as the officer) shall be given-
(a) a copy of these directions; and
(b) a copy of any document which it is proposed to put in evidence to support the charge.
No document shall be put in evidence against the officer unless a copy thereof has been given to him or he has had access thereto.
3.
The following procedure shall be followed:
The Committee assembles and records-
II
PROCEDURE
(a) the attendance of any officer appointed by the Establishment Secretary to assist the Committee
(hereinafter referred to as the assisting officer);
(b) the attendance of—
(i) a public officer, or
(ii) other person authorized by the Governor, to assist the officer in his defence.
(Note: In these directions a public officer or other person assisting an officer in his defence
shall be referred to as the friend of the officer).
The Chairman reads the charge.
4.
5.
The officer is informed-
6.
7.
8.
9.
10.
(a) that he may admit or deny part of any charge;
(b) that he or his friend will have an opportunity of questioning any witness;
(c) that he may make an oral or written statement and call witnesses;
(d) that he or his friend will have an opportunity to address the Committee orally or in writing at
the end of the proceedings.
Without prejudice to the power of the Committee to ask questions at any time during the investigation, the Chairman may, after the officer has been informed of the matters referred to in paragraph 5, ask the officer whether he admits particular facts e.g. that he was a public officer at the material time, that photographs or other documents are accurate. Any such admission shall be recorded by the Chairman. The witnesses against the officer are called and questioned by the assisting officer, the officer, or his friend, and further questioned by the assisting officer.
The evidence of any witness may, at the discretion of the Chairman, be taken by showing the witness a statement made by him, asking him whether it is correct and whether he wishes to alter any part of it or add to it. The statement shall then be admitted in evidence and any corrections noted on it by the Chairman. The witness may then be questioned by the officer, or his friend, and thereafter further questioned by the assisting officer.
At the conclusion of the evidence in support of the charge, the officer is asked by the Chairman if he wishes to make an oral or written statement in his defence. Any oral statement so made shall be recorded by the Chairman. The officer may then be questioned by the assisting officer.
The witnesses for the officer are called, questioned by the officer, or his friend, questioned by the assisting officer and further questioned by the officer or his friend.
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