1970-HKRS29-8-37_Part05 — Page 54

Discipline of inspec tors.

finding at which the tribunal could have arrived upon the evidence, including any additional evidence adduced upon the appeal;

OF

(b) order a rehearing of the case de novo by

another disciplinary tribunal,

and may in any event confirm or remit any punish- ment imposed by a disciplinary tribunal under section 11, or may substitute therefor any other punishment which the disciplinary tribunal was entitled under section II to impose:

Provided that, if the Director acts of his own motion he shall not-

()substitute for any punishment imposed by a disciplinary tribunal under section 11 any greater punishment without first calling upon the offender to show cause why such punish- ment should not be increased;

(ii) substitute for a finding of not guilty a finding

of guilty; or

(iii) order a rehearing of the case if the finding

was a finding of not guilty.

(3) Upon any appeal under subsection (1), the Director may permit the appellant to appear before him in person in support of his appeal and may hear such additional evidence as he may consider relevant.

(4) Pending the determination of any appeal under subsection (1), any punishment imposed under subsection (1) of section 11 shall be suspended.

118. (1) If an inspector is found guilty by a disciplinary tribunal of any disciplinary offence speci- fied in subsection (1) of section 11, the Director may punish that inspector with one or more of the follow- ing punishments-----

(a) reduction in rank;

(b) reprimand or severe reprimand, with or without deferment or stoppage of increment in his pay: or

(c) forfeiture of not more than one month's pay. (2) Any inspector aggrieved by any finding of

a disciplinary tribunal or by any punishment imposed by the Director may, within fourteen days from the

(Cap. 19.)

5

date thereof, appeal against such finding or punish- ment to the Governor by petition in writing.

(3) If an inspector pleads, or is found, guilty of any disciplinary offence specified in subsection (1) of section £1 and the Director is of the opinion that the offence is of such an aggravated character as to merit dismissal, the Director shall forward to the Governor a report containing-

(a) in the case of a plea of guilty, the charge, the

plea and any statement in mitigation; or (6) in any other case, the record of proceed.

ings; and

(c) in any event, a record of the officer's service. the Director's recommendations and his rea- sous for not awarding one of the punish- ments under subsection (1),

and shall, at the same time as he forwards such report, notify the inspector that bis case will be con- sidered by the Governor.

(4) When an inspector is notified by the Director under subsection (3) that his case is to be considered by the Governor, the inspector may, within fourteen days of such notification or within such further period as the Governor may allow, send to the Governor a petition in writing containing such representations as may be relevant to the exercise of the Governor's discretion under subsection (6).

(5) Upon any appeal under subsection (2), the Governor may confirm, reverse or vary the finding or punishment.

(6) Upon any reference under subsection (3), the Governor may-

(a) dismiss the inspector;

(b) award any other punishment which the Director could have awarded under sub- section (1) or no punishment:

(c) terminate the service of the inspector in the public interest without further proceedings. whereupon section 7 of the Pensions Ordin- ance shall apply.

(7) The Governor's decision upon any appeal under subsection (2) or upon any reference under subsection (3) shall be communicated to the Director and to the inspector by the Establishment Secretary.