26
CAP. 95]
Fire Services
[1986 Ed.
(10) (a) wilfully or negligently damages or loses any articles of clothing or equipment, or any implement, accoutrement or appointment whatever, with which he has been provided or entrusted, or fails to take proper care thereof;
(b) neglects to report any damage to, or loss of, any article of clothing or equipment, or any implement, accoutrement or appointment whatever, with which he has been provided or entrusted;
(11) when on duty, or called upon for duty, is unfit for duty by reason of intoxicating drink or of drugs taken otherwise than under medical direction; (Amended, 29 of 1975, s. 21)
(12) when on or off duty acts in a disorderly manner, or in any manner prejudicial to discipline, or likely to bring discredit upon the Fire Services Department or the public service; (Amended, 42 of 1961, s. 2)
(13) is guilty of anything, whether by reason of contravention of Hong Kong Regulations or otherwise, which amounts to misconduct in a public office.
SECOND SCHEDULE
PART I
Rules of procedure for the investigation into offences against discipline by subordinate officers and members of other ranks
1. Every charge shall be entered on a charge sheet.
2. Every charge shall be investigated by the Director in the first instance without delay in the presence of the accused and a full record thereof be made by the Director. (Amended, 42 of 1961, s. 2)
3. The charge shall be read and explained to the accused.
4. Evidence shall not be on oath.
5. The accused shall have full liberty to cross-examine any witness against him and to call any witnesses and make any statement in his defence.
6. No documentary evidence shall be used against the accused unless he has previously been supplied with a copy thereof or has been given access thereto.
7. The Director may at any stage of the proceedings amend the charge or add a new charge:
Provided that in such event the amended or new charge shall be read and explained to the accused who shall be entitled to have any witnesses who have given evidence recalled for further cross-examination and to call such further witnesses as he may desire. (Amended, 42 of 1961, s. 2)
8. At the conclusion of the hearing of a charge, the Director shall- (Amended, 42 of 1961, s. 2)
(a) if in his opinion the evidence does not show that some offence against discipline has been committed, dismiss it;
(b) if in his opinion the evidence does show that some offence against discipline has been committed, either--
(i) award a punishment within his powers; or
(ii) refer the case to the Governor.
9. (1) Whenever the Director refers a case to the Governor under rule 8(b) he shall forward- (Amended, 42 of 1961, s. 2)
(a) a typed copy of the record of proceedings (including the charge) certified by himself to be a true copy of the original thereof;