1950-HKRS28-8-17_Part03 — Page 30

Repeal and replacement of section 32 of the principal Ordinance.

Commissioner in order that the Commissioner may make an award then the Commissioner may exercise all the powers of punishment conferred by this section on an appropriate tribunal.

(3) Any non-commissioned officer or constable may within fourteen days from the promulgation in routine orders of any finding or punishment appeal to the Commissioner by petition in writing to be lodged with the Commissioner and containing such representa- tions as may be relevant to the exercise by the Com- missioner of any discretion vested in him in connection with such appeal against any finding of an appropriate tribunal and against any punishment inflicted under this section or solely against any such punishment. In every case where an appeal has been lodged the sen- tence shall be suspended pending the determination of the appeal.

(4) (a) Upon any appeal under subsection (3) the Commissioner may confirm or vary any finding of the appropriate tribunal or substitute therefor any find- ing at which the appropriate tribunal could have arrived upon the evidence including any additional evidence adduced upon the appeal and may in any event confirm or remit any punishment imposed by an appropriate tribunal or may substitute therefor any punishment which such tribunal is entitled by this section to impose. (b) Upon any such appeal the Commis- sioner may if he thinks fit permit the appellant to appear before him in person în support of his appeal and may in such case hear such additional evidence as may be provided for by police regulations."

11. Section 32 of the principal Ordinance is hereby repealed and replaced as follows-

"Punish- ment of

32. (1) The Commissioner may punish any inspector, inspector who is found guilty by an appropriate tribunal of any of the disciplinary offences specified in sub- section (1) of section 31 by reprimand, severe reprimand, with or without deferment or stoppage of increment or forfeiture of not more than one month's pay. The find- ings of the appropriate tribunal and the punishment awarded by the Commissioner shall be promulgated in headquarter orders and shall be communicated to the inspector by the Commissioner.

(2) Any such inspector aggrieved by such punishment may within fourteen days from the promul- gation of the punishment in headquarter orders appeal to the Governor by petition containing any representations relevant to the exercise of the Governor's discretion under subsection (4),

(3) If an inspector has pleaded guilty of any of the disciplinary offences specified in subsection (1) of section 31 and such plea has been accepted or if he has been found guilty of any of such disciplinary offences by an appropriate tribunal then if it appears to the Commissioner that the offence is of such an aggravated character as to merit dismissal he shall forward to the Governor a report containing-

(a) in the case of a plea of guilty which has been accepted, the charge, plea and any statement in mitigation; or

(b) in any other case, the record of the proceedings; and

(c) in any event, a record of the officer's service, the Commissioner's recommendations and his reasons for not making an award.

The Commissioner shall at the same time as he forwards such report as aforesaid, inform the inspector that his case will be considered by the Governor and shall communicate to the inspector the findings of the appropriate tribunal. The inspector

may within fourteen days of such information being communicated to him or within such extended period as the Governor may allow, forward to the Governor a written petition containing such representations as may be relevent to the exercise of the Governor's discretion under subsection (5).

(4) Upon any appeal under subsection (2) the Governor may confirm or remit the punishment imposed by the Commissioner or may substitute therefor any punishment which the Commissioner could have imposed or may if in all the circumstances of the case he considers justice so requires set aside any finding of an appropriate tribunal and either