1953-HKRS28-8-20_Part01 — Page 34

Amendment

of section 21.

Araandment of section

Amendment

"(1A) An inspector who has completed ten years service as a police officer but who has not been confirmed in his appointment as inspector may be reverted in rank by the Commissioner in accordance with the provisions of section 23."

4. Section 21 of the principal Ordinance is amended aS follows--

(d) by the deletion from the last line of subsection (1) of the words "expiring on the last day of any month" and the substitution therefor of the following-

"or paying him one month's salary in lieu of notice";

and

(b) by the deletion from the third and fourth lines of sub- section (2) of the words "expiring on the last day of any month" and the substitution therefor of the following- "or, with the prior consent of the Commissioner, by paying into the Treasury one month's salary in lieu of notice".

5.

い

Subsection (3) of section 22 of the principal Ordinance is amended by the deletion of the full stop at the end thereof, and the addition thereto of the following-

"or, with the prior consent of the Commissioner, by paying into the Treasury one month's salary in lieu of notice.".

6. Section 23 of the principal Ordinance is amended as

of section follows-

23.

(a) by the deletion from the end of subsection (1) of the full stop and by the addition thereto of the following proviso-

": Provided that where such inspector has completed ten years service as a police officer, he shall not be discharged under the provisions of this subsection, but the Commissioner may, at any time prior to the confirmation of such inspector as aforesaid, revert him to the rank which he held immediately before his appointment as inspector."; and

(b) by the deletion from the end of subsection (2) of the words "or paying into the Treasury one month's salary in lieu of notice and notifying the Commissioner that he has resigned", and the substitution therefor of the following-

T.

"or, with the prior consent of the Commissioner, by paying into the Treasury one month's salary in lieu of notice**.

The principal Ordinance is amended by the addition after Addition of section 26 of the following new section-

"Absence from duly.

26A. Whenever it is alleged that any non- commissioned officer or constable has been absent from duty without leave for a period of not less than twenty-one days, a board of two gazetted police officers to be appointed by the Commissioner shall inquire into the fact and circumstances of such absence, and if the board is satisfied that such person was absent from duty for a period of not less than twenty-one days without leave or other sufficient cause, it shall so declare, and such declaration shall for the purposes of section 31 be deemed to be a conviction under section 26."

new section 26A.

8. Subsection (s) of section 29 of the principal Ordinance Amendment

of section 29,

is repealed and replaced by the following subsection-

*(5) Upon any reference under subsection (3), the Governor may---

(a) dismiss the inspector; or

(b) if in all the circumstances of the case he considers justice so requires, set aside any finding of the tribunal, and may dismiss the inspector if in his opinion such punishment is warranted by any finding which has not been set aside; or

(c) remit the case to the Commissioner and the Coromis- sioner may thereupon award any punishment which he has power to award under subsection (1): Provided that where the Commissioner awards any punishment under this subsection the provisions of subsection (3) shall apply as if such punishment had been awarded under subsection (1),"'

The principal Ordinance is amended by the addition after Addition of section 20 of the following new section-

new section 29A.