1961-HKRS30-8-51_Part03 — Page 4

Authenticated Laws 確真本香港法例 All

of the officer or person charged, either dismiss the charge or, if he finds the charge proved, he shall-

(a) administer a caution; or

(b) make one or more of the following disciplinary

awards-

(1) award a fine not exceeding one hundred dollars:

(1) award any of the punishments which are within the competence of the Superintenden award: or

(c) refer the case to the Commissioner and so inform the officer or person charged accordingly.

(2) Where in pursuance of sub-paragraph (c) of paragraph (1) the Deputy Commissioner refers any tax to the Commissioner, the Commissioner shall, with o without himself taking or causing to be taken furba evidence, make such disciplinary award as, within the powers conferred by rule 250, he may consider appro priate.".

Amendment

18.

Rule 248 of the principal rules is amended-

of rule 248.

(a)

Revocation

and replace ment of rule

249.

in paragraph (1) by the deletion of the word “Superintendent" and the substitution therefor of the following-

"Deputy Commissioner or Superintendent, as the cas may be."; and

(6) in paragraph (2) by the deletion of the word “Superintenden"

and the substitution therefor of the following-

"Deputy Commissioner or Superintendent”.

19. Rule 249 of the principal rules is revoked and replaced by the following- "Appeals.

249. (1) Any officer or other person employed in the prisons who considers himself aggrieved by any aw made against him by the Superintendent of the Deput Commissioner may, within seven days after the comunica tion to him of such award, appeal in writing to the Commissioner stating the grounds of his appeal.

(2) Every appeal made in accordance with paragraph (1) shall be transmitted to the Commissioner through the officer against whose award the appeal is made and such officer shall forward to the Commissioner the appeal together with the documents mentioned in rule 243 and the notes recorded at the hearing of the charge and suct

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officer's observations upon the grounds upon which the appeal is based, which observations shall first be shown to and initialled by the appellant.

(3) Upon consideration of all of the matter forwarded to him in accordance with paragraph (2) the Commissioner shall determine the appeal and may cancel, vary or confirm the award or may add to or substitute for any award any other award which it is within the competence of the Commissioner to make under rule 250:

Provided that the Commissioner shall not make any additional award or substitute any award of greater severity for an award of lesser severity without first calling upon the appellant to show cause why such additional or sub- stitute award, as the case may be, should not be made.".

20. Rule 250 of the principal rules is amended-

(a) by the insertion before the word "Superintendent" of the

following-

"Deputy Commissioner or"; and

(6) in paragraph (g) by the deletion of "$50" and the substitution

therefor of the following-

"one hundred dollars”.

21. Rule 251 of the principal rules is amended-

(a) in paragraph (1) by the deletion of the word and letters "the

precednig"; and

(b) in paragraph (2) by the deletion of the number "14" and the

substitution therefor of the following-

"seven".

Amendment of rule 250.

Amendment

of rule 21.

22. The principal rules are amended by the addition after rule Addition of 152A of the following new rule-

*Diuersal of

252B. (1) Where it appears to the Governor that an Ricers and ather persons

officer or other person employed in the prisons (hereinafter ployed in in this rule referred to as "the officer") is or has been- the prisons Lad food to

(a) maintaining a standard of living above that which Etural of

is commensurate with, or ncplained posudiary

(b) in control of pecuniary resources in excess of, his official emoluments, the Governor may, after consulta- tion with the Attorney General, direct that the officer be notified in writing by the Commissioner of the grounds upon which the allegations against him are based, and be called upon to give an explanation in writing before a date to be specified.

new plc 2928.

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