7.
8.
POLICE FORCE (AMENDMENT)
Ord. No. 42/77
A167
interdict the police officer from the exercise of such powers and functions where-
(a) disciplinary or criminal proceedings are being instituted or are about to be instituted against such officer; or
(b) such officer is the subject of an inquiry into his conduct in connexion with his duties as a police officer or the subject of an investigation into any report, allegation or suspicion that he has com- mitted an offence.
(2) A police officer who has been interdicted under- (a) subsection (1)(a), shall be allowed to receive such proportion of his pay, not being less than one- half, as the Commissioner shall in every case direct, until such time as he may be convicted of an offence whereupon the matter shall be determined under section 37(4);
(b) subsection (1)(b), shall not on that account receive
less than his full pay.
(3) If the proceedings, inquiry or investigation do not result in the dismissal or other punishment of such officer, he shall be entitled to the full amount of the pay which he would have received if he had not been interdicted.
(4) If the proceedings, inquiry or investigation result in punishment other than the dismissal of such officer, he may be paid such proportion of the pay withheld as a result of his interdiction as the Commissioner may direct.".
Section 31 of the principal Ordinance is repealed.
Repeal of section 31.
Section 32 of the principal Ordinance is repealed and replaced by Repeal and the following-
"Punishment
of non- commissioned
officers and constables.
9.
replacement of section 32.
32. Any non-commissioned officer or constable found guilty of an offence against discipline under regulations made under section 45 and required to resign or dismissed for failure to do so, shall not receive salary in lieu of notice.".
Sections 33, 35 and 36 of the principal Ordinance are repealed. Repeal of
sections 33. 35 and 36.
10. Section 37 of the principal Ordinance is repealed and replaced Amendment of by the following-
"Conviction of police officer.
37. (1) Nothing in this Ordinance shall be construed to exempt any police officer from being proceeded against by the ordinary course of law when accused of any offence punishable under any other Ordinance or law.
(2) No police officer who has been acquitted by a court of any crime or offence shall be tried departmentally on the same charge.
(3) A sentence passed upon a police officer subject to this Ordinance shall be in no respect affected by such officer ceasing to be subject to this Ordinance by discharge or otherwise.
(4) No pay or allowance shall be payable to any police officer following the date of the conviction of such officer
section 37.