1977-HKRS28-16-25_Part02 — Page 66

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Amendinen AT

Esculo 7.

Amendmenn ot

soculus 14.

Repeal and

TEPLADSIMEDI of Seton ES,

Repeal and replacement of section 17.

Kepeal of bection 31.

Repeat and

placement

of section $2.

3. Section 7(2) of the principal Ordinance is amended by deleting "inspector" and substituting the following—

"atation sergeant, or any public officer attached to the police force not below a grade or rank equivalent to that of station sergeant".

4 Section 1403) of the principal Ordinance is amended by deleting "and may also be appointed or advanced in salary by a commanding officer"

5. Section 15 of the principal Ordinance is repealed and replaced by the following-

**Tumsal

6.

15. Subject to section 13(1) a police officer may be dismissed under the provisions of this. Ordinance or by virtue of the rights reserved by section 18.".

Section 17 of the principal Ordinance is repealed and replaced by the following-

**Interdiction,

L

17. (1) If the Commissioner considers that the public interest requires that a police officer should cease to exercise the powers and functions of his office forthwith, he may interdict the police officer from the exercise of such powers and functions where-

(a) disciplinary or criminal proceedings are being instituted or are about to be instituted against such officer; or

l

(b) much officer is the subject of an inquiry into his conduct in connexion with his duties as a police officer or the subject of an investigation intò any report, allegation or suspicion that he has com- mitted an offence.

(2) A police officer who has been interdicted under- (a) subsection (1X2), shall be allowed to receive such proportion of his pay, not being less than one- Balf, as the Commissioner shall in every case direct, until such time as he may be convicted of an offence whereupon the matter shall be determined under section 37(4):

(6) subsection (1)(5), shall not on that account receive

less than his full pay.

(3) If the proceedings, inquiry or investigation do not result in the dismissal or other punishment of such offloCT he shall be entitled to the full amount of the pay which he would have received if he had not been interdicted.

(4) If the proceedings, inquiry or investigation result in punishment other than the dismissal of such officer, he may be paid such proportion of the pay withheld as a result of his interdiction as the Commissioner may direct.".

7. Section 31 of the principal Ordinance is repealed,

*.

Section 32 of the principal Ordinance is repealed and replaced by the following-

"Pual bat

ты пр conisaloned

officent and comeuables.

32. Any non-commissioned officer or constable found guilty of an offence against discipline under regulations made under section 45 and required to resign or dismissed for failure to do so, shall not receive salary in lieu of notice.",

9. Sections 33, 35 and 36 of the principal Ordinance are repealed, Regal of

sectioné 33, 33 and 36

section 17.

10. Section 37 of the principal Ordinance is repealed and replaced Amendment of by the following-

"Comiction

of police obiter.

37. (1) Nothing in this Ordinance shall be construed to exempt any police officer from being proceeded against by the ordinary course of law when accused of any offence punishable under any other Ordinance or law.

(2) No police officer who has been acquitted by a court of any crime or offence shall be tried departmentally on the same charge,

(3) A sentence passed upon a police officer subject to this Ordinance shall be in no respect affected by such officer ceasing to be subject to this Ordinance by discharge or otherwise.

(4) No pay or allowance shall be payable to any police officer following the date of the conviction of such officer by a court for any crime or offence unless the approval of the Commissioner of such payment be given.

(3) A police officer convicted of an offence punishable with imprisonment day, unless the conviction is reversed on appeal, be dismissed, reduced or reverted in rank or sub- jected to a lesser punishment-

(a) by the Governor in the case of an inspector who has been confirmed in his appointment, subject to any conditions of his appointment; and

(6) by the Commissioner in the case of

(i) an inspector who has not been confirmed in his appointmeal; or

(1) a non-commissioned officer; or

(ii) a police constable:

Provided that an inspector shall not be reduced or reverted to a rank lower ihan inspector,

(6) Any station sergeant or sergeant dismissed under subsection (5) shall be reduced to the rank of constable before diamisan.

(7) Where a police officer is dismissed under paragraph (5) any arrears of pay due to him may be forfeited by

order of-

(a) the Governor in the case of an inspector who has been confirmed in his appointment subject to

any conditions of his appointment; and

(b) by the Commissioner in the caso of—

(i) an inspector who has not been confirmed jo

bis appointment; or

(ii) a non-commissioned officer; or

(ii) a police constable.".

11. Section 39(3) of the principal Ordinance Is amended-

(2) in paragraph (2) by deleting "inspectors, non-commissioned officers

and constables" and substituting the following-

Armendate of section 39.