Power of
Commissieper to make
awards.
Duty lo la form Amber Concerned
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(2) If the Chief Preventive Officer dismisses a charge or administers a caution without making a disciplinary award, no entry shall be made in the record of service of the member concerned.
8. (1) Any member may appeal in writing to the Commissioner against any award made by the Chief Preventive Officer.
(2) The Chief Preventive Officer shall forward to the Commissioner the written appeal, the documents required by rule 2 and the motes taken at the hearing in accordance with rule 3(2)(b), together with a written stalement by the member appealing stating whether he is appealing against the Chief Preventive Officer's finding or award and giving the grounds of his appeal. The Chief Preventive Officer's written observations thereon, which shall be shown to and initialled by the member appealing, shall accompany the appeal. The Com missioner, having heard such submission as the member appealing and the Chic Preventive Officer may wish to make, shall thereupon determine the appeal.
9. The Commissioner may, on consideration of a case referred to him by the Chief Preventive Officer under rule 4(3), dismiss the charge or, if he findi the charge proved, make one or more of the following recommendations or diş- ciplinary awards--
(a) recommend to the Governor that the member oðucerned be dismissed; (8) recommsad to the Governor that the employment of the member DOO- cented be terminated in accordance with Colonial Regulations on the ground that, having regard to the conditions of the public service, the usefulness of the member concerned thereto and all the other circuma- stances of the case, such termination is desirable in the public interest (c) recommend to the Governor that the member concerned be reduced in
rank;
(d) recommend to the Governor the suspension of the member concerned
or the deferment or stoppage of his increment,
(e) recommend to the Governor that the seniority of the member concerned
be reduced or forfeited;
() recommend to the Governor that the pay of the member concerned ba
forfeited for such period as he may think appropriate;
(g) award any of the punishments which are within the competence of the
Chief Preventive Offler to award.
10 (1) In the event of the Commissioner proposing to make a recommenda- tion to the Governor under rule 9. the member concerned shall be informed of proposed recom- the proposed recommendation and he shall have the right of a personal hearing
by the Commissioner before such recommendation is made.
mesdalica.
Decision of Governor.
Duty of Chef Preventiva Ofder to communicate decision of the Governor
or of the
CommonET,
(2) Every member in respect of whom a recommendation is to be made lg the Governor shall be allowed within fourteen days of his being informed of the recommendation, or within such extended period as the Governor may permit, to submit in writing to the Governor any considerations which he wishes io bring to the attention of the Governor in his defence or la mitigation of his offence.
11. Upon a reference of a case to the Governor under rule 9, the Governor may affirm the recommendation of the Commissioner, may award any punishment which could have been the subject of a recommendation under rule 9 or may quash the finding of the Chief Preventive Officer that the charge is proved.
12._(1) The Chief Preventive Officer shall, on receipt by him of the decision of the Governor or of the Commissioner, communicate it orally to the member concerned who may, if he so desires, make a copy of such decision.
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(2) Every caution administered and every disciplinary award made by the Governor shall be entered in the record of service of the member concerned:
Provided that on the dismissal of a charge an entry to that effect shall not be made.
13. For the avoidance of doubt, it is hereby declared that nothing in this Remgral of Schedule shall be construed to predude-
(a) the dismissal in accordance with Colonial Regulations of a member coo-
victed of a criminal offence; or
(6) the termination of the employment in accordance with Colonial Regula- tions of a member on the ground that having regard to the conditions of the public service, the usefulness of such member thereto and all the other circumstances of the case, such termination in accordance with Colonial Regulations is desirable in the public interest.
This printed impression has been carefully compared by me with the Bill which passed the Legislative Council on the 4th day of September, 1963, and is found by me to be a true and correctly printed copy of the said Bill.
(Secretariat PR6/1610/53)
Czusities,
Deputy Clerk of Councils.
doubl