1961-HKRS30-8-51_Part03 — Page 3

Amendment of rule 243.

Amendment

al rule 244.

Amendment

of rule 243.

(i) by the insertion after the words "any prisoner engage in" of the following—

"riotous conduct or":

(d) in paragraph (4) by the deletion of the words "The Commis sioner, Superintendents and every" and the substitution therefor of the following-

"Every";

(e) in paragraph (8) by the deletion of the words "The Commis

sioner, Superintendents and every" and the substitution therefor of the following-

"Every",

13. Rule 243 of the principal rules is amended by the deletion al paragraph (1) and the substitution therefor of the following-

"(1) A charge against any officer or other person employed in the prisons in respect of any offence enumerated in rule 239 shatt be entered on a charge sheet as soon as practicable after consider. tion by an officer, not being below the rank of Principal Officer or the Principal Wardress, as the case may be, of the report uped which the charge is based.".

14. Rule 244 of the principal rules is amended by the deletion of the full stop at the end thereof and the substitution therefor of the following-

"and shall return the charge sheet to the Chief Officer who shill forthwith transmit the charge sheet, together with the lists of wit nesses and the written statements (if any), to the Superintendent." 15. Rule 245 of the principal rules is amended- (a) in paragraph (1) by the deletion of the words-

"Where the charge is admitted or found proved and the Superintendent considers that bis powers of punishmal are sufficient, then subject to the provisions of paragraph (2)"

and the substitution therefor of the following

"Where on consideration of the report upon which the charge is based and the written statements (if any) the Superintendent considers that the charge is within his competence and that, if it is admitted or found proved, his powers of punishment will be sufficient, theo subject to the provisions of paragraph (2)--";

(b) by the deletion of paragraphs (2) and (3) and the substitution

therefor of the following—

"(2) Where the Superintendent, after hearing all of the evidence on a charge under paragraph (1), comes to

5

the conclusion that the charge is proved but that the case should be referred to the Commissioner he shall so refer the case and shall forthwith inform the officer or person charged accordingly; and the Commissioner shall, with or without himself taking or causing to be taken further evidence, make such disciplinary award as, within the powers conferred by rule 250, he may consider appro- priate.

(3) Where on consideration of the report on which the charge is based and the written statements (if any) the Superintendent considers that the charge is not within his competence or that, although it is within his competence. his pawers of punishment would be insufficient if the charge were admitted or found proved, he shall refer the case to the Commissioner and shall so inform the officer or person charged; and the Commissioner shall either deal with the case himself or direct the Deputy Commissioner to hear the charge and shall so inform the officer or person charged accordingly.".

16. Rule 246 of the principal rules is revoked and replaced by the Revocation following-

and replace. ment of rule

"Rights of referer or 05.000

charged hearing

246. Where the Commissioner, Deputy Commissioner 246. or Superintendent, as the case may be. hears a charge against any officer or other person employed in the prisons-

(a) such officer or person shall be allowed to hear all of the evidence against him, to cross-examine any witness giving such cvidence and to examine any witness called in bis defence:

(6) the Commissioner. Deputy Commissioner от Superintendent shall take or cause to be taken notes of every statement made in evidence, whether under examination or cross-examination, and of any statement made before him by the officer or person charged, and shall invite the person by whom any such statement was made to sign the notes taken thereof.”

17. The principal rules are amended by the addition after rule 247 Addition of of the following new rule-

"Tower of Deputy Com

2474. (1) Where the Deputy Commissioner hears msier to any charge which has been referred to him by the Com- kepwards. missioner under paragraph (3) of rule 245, he shall, after bearing all of the evidence and the explanation (if any)

new role

247A.