1950-HKRS28-8-17_Part03 — Page 29

Repeal and replacement of sections

25 and 28 of the principal Ordinance.

Repeal and replacement of section 31 of the principal Ordinance.

9. Sections 25 and 26 of the principal Ordinance are hereby repealed and replaced by the following section→→→

"Discharge 25. (1) Without prejudice to the provisions of and resig nation of section 36 the Commissioner may at any time prior to inspector. the confirmation in his appointment of an inspector dis- charge an inspector from the police force by giving him three months' notice in writing or paying to him one month's salary in lieu of notice.

(2) An inspector may resign from the police force by giving to the Commissioner three months' notice in writing of his intention to resign or paying into the Treasury one month's salary in lieu of notice and notifying the Commissioner that he has resigned."

10. Section 31 of the principal Ordinance is hereby repealed and replaced as follows-

“Punish-

ment of

31. (1) Any non-commissioned officer or constable who is found guilty by an appropriate tribunal of any missioned of the following-

non-pad-

officers and constables.

good cause;

(a) absence from duty without leave or

(b) sleeping on duty;

(e) conduct to the prejudice of good order

and discipline;

(d) cowardice in the performance of duty; (e) disobedience of police regulations, or any police orders, whether written or verbal;

(f) insubordination;

tion:

(g) being unfit for duty through intoxica-

(k) neglect of duty or orders; () malingering;

() in the course of his duty making

a statement which is false in a material particular;

Th

(k) unlawful or unnecessary exercise of authority resulting in loss or injury to any other person or to Government;

(1) wilful destruction or negligent loss of or injury to government property;

(m) conduct calculated to bring the public service into disrepute;

shall be liable to be punished by such tribunal with-

(Q) reduction in rank or class;

(ii) forfeiture of not more than one month's pay except in the case of absence without good cause, when forfeiture of pay shall extend to the period of absence in addition to any other punishment inflicted.

In lieu of or in addition to either of the afore- said punishments any such non-commissioned officer may be dismissed from the police force by the Com- missioner and in such case shall be reduced to the ranks before dismissal or be may be ordered by the Commis- sioner to resign forthwith and if he fails to do so may be dismissed, and in the case of such dismissal or such resignation be shall not receive salary in lieu of notice. (2) A constable who shall be found guilty of any of the disciplinary offences specified in subsection () of this section shall be liable to be punished by the appropriate tribunal in addition to any punishment imposed under subsection (2) with imprisonment in any building set aside as a guard room or cell for any term not exceeding seven days with rations of bread (or rice) and water or with mot more than two of the following punishments-

(i) confinement to barracks not exceeding

14 days;

duties or drills;

(ii) compulsory performance of extra

(iii) such fatigue duties As prescribed in the police general orders;

may be

(iv) temporary deprivation of such pri- vileges as the Commissioner of Police may specify in headquarter orders;

(v) forfeiture of good conduct allowance : Provided that the punishment of imprisonment in any guard room or cell shall not be carried into effect until it has been confirmed by the Commissioner: And provided further that if pursuant to any provision in police regulations the appropriate tribunal does not impose any punishment and refers its findings to the