1963-HKRS29-8-30_Part02 — Page 12

Offences 1jist

disdpline, Third Schedule.

Discipling of senior officer..

Disciplina

of junior officers.

Fourth Schedule.

Penal dedite. tions from

emoluments.

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PART III.

DISCIPLINE.

10. Any member who commits any of the offences against dis- cipline specified in the Third Schedule shall be liable to be dismissed or otherwise punished or dealt with as provided in this Ordinance and in regulations made thereunder.

11. Whenever it is alleged that a revenue inspector or any officer of more senior rank has committed an offence against discipline-

(a) the provisions of Colonial Regulations and General Orders which relate to interdiction and to the payment of emoluments thereafter shall apply;

(b) the matter shall be investigated and the officer concerned deak with in the appropriate manner provided by the said regula- tions and orders for allegations of misconduct made against a public officer.

12. (1) Whenever it is alleged that a revenue sub-inspector or any officer of more junior rank has committed an offence against dis- cipline, the Chief Preventive Officer may hear and determine the case, The proceedings shall be conducted in accordance with the rules of procedure for the investigation of offences against discipline contained In the Fourth Schedule.

(2) The Commissioner may interdict from duty any revenue sub- inspector or any officer of more junior rank against whom proceedings are taken or about to be taken for an offence against discipline. Any such officer who is interdicted from duty shall receive half of the emoluments of his office unless the Commissioner orders that he shall receive a larger portion. If the proceedings against him are dismissed, he shall be entitled to receive the balance of the full amount of the emoluments which he would have received if he had not been interdicted.

13. (1) The following peaal deductions may be made from the emoluments due to a member-

(a) all emoluments for every day of absence without leave;

(b) the sum required to pay any fine or other sum ordered to be paid as an award in respect of an offence against discipline.

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(2) For the purposes of paragraph (a) of subsection (1), the number of days shall be reckoned as from the time when the absence

commences.

14. Sections 11. 12 and 13 shall not preclude the summary dis- Summary missal in accordance with Colonial Regulations and General Orders of dismissal. any member who is absent from duty without reasonable cause or who wilfully refuses or wilfully omits to perform his duties if the absence from duty or omission to perform his duty is unduly prolonged.

where

criminal

15. (1) If criminal proceedings are instituted or about to be Interdiction instituted against a member, be may be interdicted from duty and from duly thereafter paid emoluments as follows-

() if a revenue inspector or officer of more senior rank, in proceedings accordance with the provisions of Colonial Regulations and against General Orders;

(b) if a revenue sub-inspector or officer of more junior rank, in accordance with the provisions of subsection (2) of section 12. (2) If a member is convicted of a criminal offence he may be dismissed in accordance with the provisions of Colonial Regulations and General Orders.

instiluted

member.

16. The employment of a member may be terminated in accordance Termination with Colonial Regulations on the ground that, having regard to the of employ

ment under conditions of the public service, the usefulness of the officer thereto and Colonial all other circumstances of the case, such termination is desirable in the Regulations. public interest.

17. (1) Where it appears to the Governor that any revenue sub- Dismissal inspector, or officer of more junior rank (hereinafter in this section of members

in control of referred to as the officer) is or has been-

unexplained pecuniary resources.

(<) maintaining a standard of living above that which is com-

mensurate with his official emoluments; or

(b) in control of pecuniary resources in excess of his official

emoluments,

the Governor may, after consultation with the Attorney General, direct that such officer be 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 a date to be specified.

(2) If, when so called upon, the officer 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 the occasion requires, by the Chief