526
THE PUBLIC SERVICE
Crown, they seem clearly to relate to the whole of Chapter 3 and not only to Section A. Regulation 17 explains that public offices are held during Her Majesty's pleasure-which may be signified through the Secretary of State (Reg. 56).
Two other Regulations in section A are of importance to nearly all officers-No. 24, which requires that first appointments should normally be on probation, and the constantly quoted No. 25 74: The claims of officers for promotion will be considered on the basis of official qualifications, experience and merit."
Discipline 75
Conduct not warranting proceedings for dismissal may (subject to any local law or regulation) be dealt with by the Governor under Regulation 57. In the case of an officer who may for brevity be referred to as "a Secretary of State's appointee "76 any proposed punishment is subject to the approval of the Secretary of State.
When dismissal is contemplated, the procedure is laid down in much more detail. If the officer is a Secretary of State's appointee, Regulation 60 must be observed. Paragraphs (i) to (vii) provide for written charges, statement in reply, the appointment of a Committee of not less than three persons, including a legally qualified chairman, the examination of witnesses and the production of documentary evidence, representation before the Committee, the Committee's report and its consideration by the Governor in Council.
Paragraphs (viii) to (xv) deal with the report of the Governor to the Secretary of State and the Secretary of State's decision. They also direct that, if it is the Governor's opinion that the officer should be dismissed, he is to be suspended from the exercise of his office and from enjoyment of his salary, and that if the Secretary of State approves the recommendation for dismissal, the Governor shall dismiss the officer and the dismissal shall take effect from the date upon which he was suspended by the Governor and he shall not be entitled to salary subsequent to such date."
The provision for the withholding of salary, which is part of the punishment, is not open to question, but apart from that it is very questionable indeed whether this provision for retrospective dismissal has any effect. If in some other context the question arose whether, during the period of suspension, the officer continued to hold his
74 Its substance is reproduced in the Constitution of Singapore, s. 75 (3). 75 The Stationery Office booklet Notes and Forms on Official Proceedings under the Colonial Regulations against an Officer for Offences, by Sir Alison Russell, K.C.M.O., K.C., may still prove helpful but should be used with caution, the last edition being dated 1948, since when the Regulations have been amended and renumbered. 76 An officer who holds an office appointment which is subject to the approval of the Secretary of State or who was selected for appointment by the Secretary of State.
PUBLIC SER
office, the answer wo did not would amoun by statute.
Paragraph (ix) red Commission, the fund modified in accordanc Paragraph (xvi) pr of the subordinate ju be performed by a Justice. If the office office, this paragraph non-judicial office unle
Dismissal of an of is provided for in Reg the inquiry must be of Regulation 60. Ot Governor, assisted by References to witness procedure is meant to
Since, under Reg the Secretary of State a Secretary of State's dismissed or otherwis before the Secretary o Criminal proceedings
Proceedings for di in any criminal proce charge upon which he
An officer who i punished without form
Inefficiency, etc.
Regulations 59 and an officer if, though ceedings under the ot of a Secretary of State that, having regard to of the officer thereto it is desirable in the pu
Termination of ap dismissal. It is not m it may result in a redu
77 Various levels are prescri