1975-HKRS28-16-23_Part02 — Page 27

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of Foorb Schedule.

Addklos of new Fourth Schedule.

(b) stoppage or deferment of increment;

(c) a fine not exceeding one month's salary (excluding

allowances);

(d) severe reprimand;

(e) reprimand;

() extra duties.”; and

(c) by deleting Part 1 and substituting the following-

"PART II-MEMBERS OF OTHER RANKS

Members of other ranks found guilty of an offence against discipline may be punished by the Director or the Governoc

(<) by any one or more of the following-

( dismissalt

(ii) reduction in rank;

(iii) stoppage or deferment of increment; (iv) a fine not exceeding one month's salary (excluding allowances);

(v) severe reprimand;

(vi) reprimand;

(vii) extra duties;

(6) in addition to the above, by an order for the pay- ment of compensation for any loss of or damage to any article of clothing, equipment or other properly whatever with which he has been provided of en- trusted, or to any Government property.",

24. The principal Ordinance is amended by renumbering the Fourth Schedule as the Fifth Schedule.

15. The principal Ordinance is amended by adding, after the Third Schedule, the following new Schedule-

Second Schedule

"FOURTH SCHEDULE

Rights of appeal and related provisions

[ 148.]

1. A subordinate officer or member of other ranks (including one who has been dismissed) may appeal, in accordance with the following rules, against———---

(a) a finding by the Director or other member that he

is guilty of a disciplinary offence;

(b) any punishment awarded by the Director or other

member, other than under rûle 4.

1. A member of other ranks may also appeal, in accordance with the following rules, against a punishment awarded to him by the Director under Part II of the Second Schedule.

3. The appeal shall le-

(a) to the Governor, in respect of a finding made or

punishment awarded by the Director; and

(b) to the Director, in all other cases.

9

4. Upon ka appeal, the Governor or the Director, na the case may be, may-

(a) confirm or reverse the finding:

(6) confirm the punishment;

(c) subject to rule 9, substitute any other punishment which could have been awarded in the first instance; (d) remit the punishment in full or in part without sub-

stituting any other punishment;

() if he dismisses an appeal against a finding and no punishment has been awarded, treat the appeal as if it were a case referred to him for punishment and award any punishment or take any other action which be in authorized to take

5.

Upon a review under section 148(3) the Direstor may exercise any of the powers in rule 4(a), (b), (c) or (a).

6. An appeal shall be made in writing within 14 days from the day on which the subordinate officer or member of other ranks is informed that he has been found guilty of an offence or from any later day on which punishment is awarded for that offence.

T

For the purpose of any appeal against a finding. the Govenor or the Director, as the case may be MAY-

(o) take again the whole or any part of the evidence or accept in whole or in part the record of the evidence already taken; and

(b) hear any additional evidence which he may consider

relevant,

and the Director may exercise the like powers where be reviews a finding under section 14843).

8.

In the event of an appeal, any punishment (other Uban a reprimand or severe reprimand)" awarded to a sub- ordinate officer or 3. member of other ranks shall be suspended until the appeal is disposed of or abandoned.

9. Neither the Director nor the Governor shall award

a greater punishment under rules 4 and 5 without first allow- ing the subordinate officer or member of other ranks a reasonable opportunity to be heard or to make representa- toos in writing as to why the punishment should not be increased."*.

16. The principal Ordinance is amended by adding after the Fifth Addition of Schedule the following new Schedules-

Add Serve Benedules.

(ss. 2 & 26.)

"SIXTH SCHEDULE

Ranks in the Fire Services Department Part [-SenIOR OFFICERS

Director of Fire Services

Deputy Director of Fire Services Chief Fire Officer

Assistant Chief Fire Officer

Chief Ambulance Officer

Assistant Chief Ambulance Officer Divisional Officer

Ambulance Superintendent