1963-HKRS28-8-30_Part02 — Page 19

Appeal.

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concerned k

JEHO DETECT

12

(2) If the Chief Preventive Officer dismisses a charge or administers a caution without making a disciplinary award, no entry shall be made in the record of service of the member concerned.

8. (1) Any member may appeal in writing to the Commissioner against any award made by the Chief Preventive Officer.

(2) The Chick Preventive Officer shall forward to the Commissioner the wrilien appeal, the documents required by rule 2 and the notes taken at the hearing in accordance with rule $(2)8), together with a written stalement by the member appealing stating whether he is appealing against the Chief Preventiva Officer's finding or award and giving the grounds of his appeal. The Chic Preventive Officer's written observations thereon, which shall be shown to and initialled by the member appealing, shall accompany the appeal. The Com missioner, having heard such submission as the member appealing and the Chict Preventive Officer may wish to make, shali thereupon determine the appeal,

9. The Commissioner may, on consideration of a case referred to him by the Chief Preventive Officer under rule 4(3), dismiss the charge or, if he finda the change proved, make one or more of the following recommendations or dis ciplinary awards.....

(a) recommend to the Governor that the member ovucerned be dismissed; (8) recommend to the Governor that the employment of the member 600- cemed be terminated in accordance with Colonial Regulations on the ground that, having regard to the conditions of the public service, the usefulness of the member concerned thereto and all the other circuma- stances of the case, such termination is desirable in the public interest (c) recommend to the Governor that the member concerned be reduced in

rank

(d) recommend to the Governor the suspension of the member concerned

or the deferment or stoppage of his increments

(e) recommend to the Governor that the seniority of the member concerned

be reduced or forfeited;

() recommend to the Governor that the pay of the member concerned ba

forfeited for such period as he may think appropriate;

(g) awand any of the punishments which are within the competence of the

Chief Preventive Oßcer to award.

10 (1) In the event of the Commissioner proposing to make a recommenda tion to the Governor under rule 9, the member concerned shall be informed of proposed recom- the proposed recommendation and he shall have the right of a personal hearing

by the Commissioner before such recommendation is made.

DOCIJALIZO.

Decision of Governor.

Doy el Chef Preventiva Onder ta communicante decision oft the GomeroDr

or of the

CocoonET.

(2) Every member in respect of whom a recommendation is to be made to the Governor shall be allowed within fourteen days of his being informed of the recommendation, or within such extended period as the Governor may permit, to submit in writing to the Governor any considerations which he wishes to bring to the attention of the Governor in his defence or in mitigation of his offence.

11. Upon a reference of a case to the Governor under rule 9, the Governor may affirm the recommendation of the Commissioner, may award any punishment which could have beep the subject of a recommendation under rule 9 or may quash the finding of the Chief Preventive Officer that the charge is proved.

12. (1) The Chief Preventive Officer shall, on receipt by him of the decision of the Governor or of the Commissioner, communicate it orally to the member concerned who may, if he so desires, make a copy of such decision.

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(2) Every caution administered and every disciplinary award made by the Governor shall be entered in the record of service of the member concerned:

Provided that on the dismissal of a charge an entry to that effect shall not be made.

13. For the avoidance of doubt, it is hereby declared that nothing in this Remoral på

dubl Schedule shall be construed to produde

(a) the dismissal in accordance with Colonial Regulations of a member coo-

victed of a criminal offence; or

(b) the termination of the employment in accordance with Colonial Regula- tions of a member on the ground that having regard to the conditionŠ of the public service, the usefulness of such member thereto and all the other circumstances of the case, such termination in accordance with Colonial Regulationa ja desirable in the public interest.

This printed impression has been carefully compared by me with the Bill which passed the Legislative Council on the 4th day of September, 1963, and is found by me to be a true and correctly printed copy of the said BHI.

(Secretariat PR6/1610/53)

Calattier

Deputy Clerk of Councils.