Amendment
of section 29.
Addition of
new section 31A.
7.
(ii) substitute for a finding of not guilty a finding of
guilty; or
(iii) order a rehearing of the case where the finding
was a foding of not guilty,
(5) Upon any appeal under subsection (3), the Com- missioner may if he thinks fit permit the appellant to appear before him in person in suppart of his appeal and may in such case hear such additional evidence as he may, subject to police regulations, consider relevant.”.
Section 29 of the principal Ordinance is amended— (a) in subsection (2) by the deletion of the words "Any such inspector aggrieved by such punishment" and the substitution therefor of the following-
"If any such inspector considers himself aggrieved by such finding or punishment he"; and
(b) in subsection (5)—
() by the deletion of the full stop at the end of para- graph (c) thereof and the substitution therefor of a semi-colon followed by the word "or"; and
(ii) by the addition after paragraph (c) of the following new paragraph-
"(4) if, in his opinion, the proceedings disclose grounds for so doing, without further proceedings require the inspector to retire in the public interest in accordance with the provisions of the Colonial Regulations.”,
The principal Ordinance is amended by the addition after section 31 of the following new gection-
"Diømmissal
of police officers in control of unexplained pecunincy resources.
31A. (1) Where it appears to the Governor that any inspector, non-commissioned officer or constable (herein- after in this section referred to as the police officer) is or has been-
(4) maintaining a standard of living above that which
is commensurate with, or
(b) in control of pecuniary resources in excess of. bis official emoluments the Governor may, after consulta- tion with the Attorney General, direct that such police officer he notified in writing by the Commissioner of the grounds on which the allegations against him are based, and be called upon to give an explanation in writing before
date to be specified.
(2) IF, when so called upon, the police officer fails to give any explanation, or fails to give an explanation which satisfies the Governor, the Governor may refer the matter to a Tribunal consisting of
(a) a judge of the Supreme Court or of the District Court or a magistrate nominated, as occasion requires, by the Chief Justice, and such judge or magistrate shall be chairman of the Tribunal; and (5) two other public officers appointed by the
Governor.
(3) Upon such reference the Tribunal shall inquire into the matter referred.
(4) The police officer shall be notified by the Com- missioner of the day appointed for the hearing by the Tribunal and that he will be required to appear before it.
(5) At the inquiry the Government may be represented by the Attorney General or by a public officer nominated by him and the police officer may be represented by solicitor or counsel or by another public officer.
(6) (a) The police officer shall be entitled to be present throughout the hearing and to cross- examine any witnesses called on behalf of the Government and to give evidence himself and to call witnesses on bis own behalf.
(b) No documentary evidence shall be adduced on behalf of the Government unless the police officer has previously been supplied with a copy thereof or been given access thereto.
(c) Evidence shall not be taken on oath.
(7) If at the inquiry it is proved that the police officer is or has been-
(a) maintaining a standard of living above that which
is commensurate with, or
(5) in control of pecuniary resources in excess of.
his official emoluments the onus of explaining how he is or has been able to maintain such a standard of living or how such pecuniary resources came under his control shall lie upon the police officer.
(8) The Tribuna), having inquired into the matter, shall make a report to the Governor; and if the Governor is of opinion that the report should be amplified in any respect or that further inquiry is desirable. he may refer
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