1975-HKRS28-16-23_Part02 — Page 26

Amendment of

Section 25.

6

17. Section 25 of the principal Ordinance is amended in paragraph (e) by deleting "members" and substituting the following-

"subordinate officers and members of other ranks".

18. Section 26 of the principal Ordinance is repealed and replaced by the following—

Repeal and

Section 26,

"Amendmen

of Schedulta.

Amendement of schon 27.

Amcodosent of Decuço 28.

Amendment of First Schedule.

Amendment of Secand Schlaws.

26 The Governor in Council may by regulation

amend

(a)

the Sixth and Seventh Schedules to show respec tively the ranks in the Fire Services Department and the posts specified for the purposes of section 3(2) in such männer as he thinks fil; and

(b) any other Schedule to make therein any provision which he could make by regulation under section 15.*.

19. Section 27 of the principal Ordinance is amended-

(d) in subsection (1) by deleting "two hundred and ffly" and

substituting the following-

"one thousand";

(b) in subsection (2)(b) by inserting after "fire" the following-

"or other calamity"; and

(c) in subsection (3) by deleting "two hundred and fifty dollars"

and substituting the following

"five thousand dollars and to imprisonment for six months”. 24. Section 28 of the principal Ordinance is amended by deleting "knowingly gives or causes to be given a false alarm of "fire" and substituting the following-

"gives or causes to be given an alarm of fire or other calamity which he knows to be false”.

21. The First Schedule to the principal Ordinance is amended in paragraph (11) by deleting "through" drinking intoxicating liquorTM and substituting the following-

"by reason of intoxicating drink or of drugs taken otherwise than voder medical direction".

11. The Second Schedule to the principal Ordinance is amended- (a) by inserting immediately under "SECOND SCHEDULE" the

following

"PART T"";

(b) in the beading by deleting "rank and file" and substituting the

fallowing-

"members of other rank?'';

(e) in rule 10(6) by deleting "; or" and substituting a full stop; (d) by deleting rule 10(c);

(e) by inserting after rule 11 the following new rule-

"12. Where the Director has delegated any function power or duty to another member pursuant to section 6(2), references in rules 8, 9 and 10

(a) to the Director, shall be read as if they were

references 10 that other member; and

(b) to the Governor, shall be read as if they were

references to the Director,

but any case referred to the Director by another member pursuant to cule 8(6) (as modified by this rule) may be referred to the Governor by the Director in accordance with cules 9 and 10."; and

( by inserting after rule 12 the following-

"PART II

(s. 14A.]

Rules for awarding punishment where a criminal offence has been commisted by a subordinate officer or a member of other ranks

1. In the case of a subordinate officer, the Director shall as soon as practicable-

(a) refer the case to the Governor; and

(b) notify the subordinate officer that he has done ko and that the subordinate officer may make repro- sentations in writing to the Governor in mitigation of punishment within 14 days of receiving such notice or within such further period as the Governor may allow

*

send to

In referring a case under rule 1 the Director shall the Governor-

(d) a copy of the record of the proceedings:

(b) the officer's conduct sheet; and

(c) the recommendation of the Director with respect

to punishment or otherwise.

3. The Governor may, after considering any representa- Lions made by the officer, award any one or more of the punishments which he may award under paragraph (1) of Third Schedule. Part I of the Third Schedule in respect of a disciplinary

offence by a subordinate officer.

In the case of a member of other ranks, the Director shall notify the member that he may make representations in writing to mitigation of punishment within 14 days of receiving such notification and, after considering any such representations, may award any one or more of the punish- hard Sebeouk, ments which he may award under Part II of the Third

Schedule.”.

21. The Third Schedule to the principal Ordinance is amended- (e) in the heading by deleting "rank and file" and substituting the

following-

"members of other ranks":

(8) in Part 1–

(1) by inserting in paragraph (1)(a), after “any", the following—

"one or more":

(i) by deleting sub-paragraphs (v), (vi) and (vii) of paragraph (1X2) and substituting the following-

"(v) severe reprimand;

(vi) reprimand;

(vi) extra duties;";

(i) by deleting paragraph (2) and substituting the following

"(2) by the Director any one or more of the following- (a) reduction in rank;

Auacadeseat of Third Schedule.