1961-HKRS30-8-51_Part03 — Page 5

Authenticated Laws 確真本香港法例 All

(2) If, when so culled upon, the officer fails to giv an explanation, or fails to give an explanation which satisfies the Governor, the Governor may thereupon r the matter to a Tribunal consisting of—

(a) a judge of the Supreme Court or District Cour or a magistrate, nominated, as occasion requirss, by the Chief Justice and such judge or magistrat shall be chairman of the Tribunal; and

(b) two other public officers appointed by th

Governor.

(3) Upon such reference the Tribunal shall inquire into the matter referred.

(4) The officer shall be notified by the Commissio 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 represent ed by the Attorney General or by a public officer appointed by him and the officer may be represented by solicitor counsel or by another public officer.

(6) (a) The officer shall be entitled to be prescal throughout the bearing and to cross-examine any witnesses called on behalf of the Government, and to give evidence himself and to call witnesses ön his own behalf.

(b) No documentary evidence shall be adduced on behalf of the Government unless the officer hu previously been supplied with a copy thereof ar given access thereto.

(c) Evidence shall not be taken on oath. (7) If at the inquiry it is proved that the officer is or has been-

(a) maintaining a standard of living above that whic

is commensurate with, or

(b) 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 and how such pecuniary resources came under his control, shall lie upon the officer,

(8) The Tribunal, having inquired into the mater shall make a report to the Governor. If the Governor is of opinion that the report should be amplified in my respect or that further inquiry is desirable, he may refer

any matter back to the Tribunal for further inquiry or report accordingly, or may himself, in the presence of the officer subject to the inquiry, hear such further evidence as he may think necessary.

(9) If after considering the report of the Tribunal, together with such further report or evidence, if any, the Governor is of opinion that the officer has failed to give a satisfactory explanation of his standard of living or his pecuniary resources, the officer shall be liable to dismissal:

Provided that no officer shall be dismissed by virtue of this rule without the approval of the Secretary of State.

(10) If the Governor is of the opinion that the officer should not be dismissed but that the proceedings disclose grounds for requiring him to retire in the public interest he may so require him:

Provided that no officer who holds an appointment which is subject to the approval of the Secretary of State or who was selected for appointment by the Secretary of State shall be required to retire by virtue of this rule without the approval of the Secretary of State.

(11) Notwithstanding anything in this Part, the provi- sions of the Colonial Regulations relating to interdiction and suspension and to the payment of emoluments and allowances thereon shall apply to all officers in the case of proceedings under this rule.".

23. Rule 254 of the principal rules is revoked and replaced by Revocation the following- *Investments,

ment of rule

and replace.

254. All sums considered by the Commissioner to be 254. surplus to the normal requirements of the Fund shall at his request-

(a) be invested by the Accountant General in such securities or placed on deposit in such manner is the Colony as the Financial Secretary may from time to time approve for that purpose; or

(b) be remitted to the Crown Agents for investment in such securities or for deposit in such manner as the Secretary of State may from time to time approve for that purpose,

and the dividends or interest accruing from such invest- ments or deposits shall be credited to the account specified ïa rule 253.".

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