1956-HKRS30-8-46_Part05 — Page 15

Amendruent

(c) bas no deportation order made against him. (a) Any prisoner who without lawful excuse does not return to prison at or before the expiration of the period for which he has been granted leave shall be deemed to have escaped from legal custody and shall be punishable under section 19 of the Ordinance.

*1

4. Paragraph (m) of rule 239 of the principal rules is of rule 239, amended by the deletion of the semi-colon at the end thereof and

the addition after the word "liquors" of the following-

Amendment

5.

"or through the influence of drugs; ".

Rule 240 of the principal rules is amended by the deletion of rule 240. of paragraph (2) and the substitution therefor of the following-

Amendment

"(2) Upon consideration of the case of any such officer or any such person the Governor may, if he considers that some lesser punishment instead of instant dismissal is deserved, either—

or

6.

(a) inflict one or more of the following punishments-

(i) reduction in rank;

(i) forfeiture of seniority;

(iii) forfeiture of pay;

(iv) stoppage or deferment of increments;

(v) reprimand;

(b) alternatively, if the proceedings disclose grounds for so doing, he may without further proceedings require the officer or such person to retire in accordance with the provisions of Colonial Regulations. ".

Rule 250 of the principal rules is amended by the deletion of rule 250. of paragraph (b) and the substitution therefor of the following— "(b) recommend to the Governor that the employment of the officer or person concerned be terminated in accordance with Colonial Regulations on the ground that, having regard to the conditions of the public service, the usefulness of the officer or person con- cerned thereto and all the other circumstances of the case, such termination is desirable in the public interest; ".

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1.

The principal rules are amended by the addition, after Addition rule 252, of the following new rule-

of new rule 262A.

**Removal of doubt.

182A. For the avoidance of doubt, it is hereby declared that nothing in this Part shall be construed to preclude

(a) the dismissal in accordance with Colonial Regulations of a subordinate officer or other person employed in the prisons convicted of a criminal offence; or

(b) the termination of the employment în ac- cordance with Colonial Regulations of a sub- ordinate officer or other person employed in the prisons on the ground that, having regard to the conditions of the public service, the usefulness of such officer or such person thereto and all the other circumstances of the case, such termination in accordance with Colonial Regulations is desirable in the public interest. ".

COUNCIL CHAMBER,

8th August, 1956.

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Clerk of Councils,

Explanatory Note.

(Thia Note is not part of the rules, but is intended to indicate their general purport).

The revocation and replacement of role 11 is consequential upan the enactment of the Magistrates (Amendment) Ordinance, 1956, which, inter alia, repssle and replaces section 37 of that Ordinance. The effect of the new rule 11 will be to reduce the number of short-term imprison- ments. The reason for leaving the prisoner with the sum of $1.00 and any small change is to ensure his conveyance to bis home upon his release. It is considered that the sum of $1.00 will be sufficient to meet his bus or ferry fare to most parts of the Colony.