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internal guideline and does not have the status of government rules or regulations.
As the disciplinary proceedings against Mr HUNG was governed by the Disciplinary Proceedings (Colonial Regulations) Regulations and the Directions made by the Governor (Appendices II and III), the procedure set out in the Explanatory Notes is therefore irrelevant.
The practice of giving the accused officer an opportunity to plead specifically in mitigation of punishment before the punishment is inflicted on him is prevalent in the disciplined services only (for junior officers who are subject to disciplined services legislation).
Civilians and more senior disciplined service staff are subject to CR proceedings which differ from the disciplined services regulations in many respects.
For example, under the disciplined services regulations the adjudicating officer is an officer of the same department as that of accused officer and the authority to award punishment to a disciplined service staff is vested in the Head of Department; whereas under the CR proceedings, the Investigating Officer is appointed from a department other than the one of the accused officer and the punishment has to be agreed by a panel chaired by the Civil Service Branch, endorsed by the Public Service Commission and approved by the Governor or the Secretary for the Civil Service.
In some cases, the Secretary of State's approval is also required. The difference in the two disciplinary systems should be recognised and it would not be appropriate to seek conformity in every respect.
Furthermore, if an officer is aggrieved by the punishment awarded to him, he may petition the Governor for an alternation or withdrawal of the punishment awarded to him.
therefore, consider that the interest of an accused officer is duly protected under the existing procedure, and that a change in the procedure does not seem to be necessary.
We,
The papers that have been sent to you so far need not be returned.
Yours sincerely,
Hei
Колеста Нейшей
(Miss Anna H. M. KWONG)
for Director of Administration