Amendment of scontom 4.
Repcal and itplkotni tal of recton
7 04 9.
"Customs and Excise Service" means the service established
by section 3:
"disciplinary offence" means a disciplinary offence prescribed
by rules made under section 16;";
(b) deleting the definition of "Preventive Service" and substituting
the following-
Fickt Schedule
First Schedule.
$
""senior officer" means a member holding any office specified
in Part I or II of the First Schedule;
"subordinate officer" means a member holding any office specified in Part III or IV of the First Schedult.".
Section 4 of the principal Ordinance is amended by deleting sub- section (1) and substituting the following--
1) The Director of Commerce and Industry shall be the Com- missioner of the Customs and Excise Service; and a Deputy Director of Commerce and Industry designated by the Governor shall be the Deputy Commissioner of the Customs and Excise Service, and an Assistant Director of Commerce and Industry designated by the Governor shall be the Assistant Commissioner of the Customs and Excise Service”.
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Sections 7 and 8 of the principal Ordinance are repealed and replaced by the following
"Power of deleration.
Watrand card,
7. (1) Save where the contrary intention appears from the context of this or any other Ordinance and subject to any special instructions of the Commissioner, the Deputy Commissioner and the Assistant Commissioner may exercise and perform any of the powers, functions and duties which are conferred or imposed upori che Commissioner by this or any other Ordinance except any power to dismiss a subordinate officer which may be conferred on the Com- missioner by or under this Ordinance.
(2) Save where the contrary intention appears from the context of this or any other Ordinance, the Commis- sioner may authorize any senior officer by name, office or appointment, to exercise and perform any of the powers, functions and duties which are conferred or imposed upon the Commissioner by this or any other Ordinance except any power to dismiss a subordinate officer which may be conferred on the Commissioner by or under this Ordinance.
B. (1) The Commissioner sball issue to every other member a warrant card bearing the name and photograph of the member to whom it is issued and a statement signed by the Commissioner certifying that such person is member of the Customs and Excise Service, which certificate shall be conclusive evidence of the person's membership.
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(2) Every member to whom a warrant card has been issued shall, when on duty-
(a) carry it on his person; and
(b) if reasonably practicable, produce it for inspec
tion by any person who questions his authority to exercise or perform any power, function or duty conferred or imposed upon the member by this or any other Ordinance.",
T
3
Part III of the principal Ordinance is repealed and replaced by Repeal and the following-
Offences ANAIME discípulag gencrally.
Salar Gülcem.
Subordinate pifcen.
“PART [11
DISCIPLINE
10. Any member who commits a disciplinary offence shall be liable to be dismissed or otherwise dealt with as provided by or under this Ordinance.
11. Whenever it is alleged that a senior officer has committed a disciplinary offence or whenever an investiga- tion is being undertaken into any conduct which may amount to the commission of a disciplinary offence by a senior officer-
(a) the provisions of Colonial Regulations and Hong Kong Regulations which relate to interdiction and the payment of emoluments thereafter shall apply. (b) the matter shall be investigated and the officer concerned dealt with in the appropriate manner provided for in those regulations for allegations of misconduct made against a public officer.
12. (1) Whenever a subordinate officer is charged with a disciplinary offence—
(a) the Commissioner may interdict him from duty; (b) the matter shall be investigated and the officer concerned dealt with in the appropriate manner prescribed by rules made under Section 16.
(2) Whenever an investigation is being undertaken into any conduct which may amount to the commission of a disciplinary offence by a subordinate officer and the Com- missioner considers that it is contrary to the public interest for the officer to continue to exercise the powers and functions of his office, the Commissioner may interdict him from duly but the officer shall be entitled, until such time as he is charged with a disciplinary offence to the f amount of the emoluments which he would have received if he had not been interdisted,
(3) An officer interdicted under subsection (1), and an officer interdicted under subsection (2) who la charged with a disciplinary offence,__shall receive such proportion of the emoluments of his office, not being less than one-half, as the Commissioner may direct.
(4) If the proceedings against such officer do not result in the imposition of any punishment, he shall be entitled to the full amount of the emoluments which he would have received if he had not been interdicted.
(5) If a punishment other than dismissal is imposed the officer may be paid such proportion of the emoluments withheld as a result of his interdiction as the Governor may direct, where the punishment is imposed by the Governor or, as the Commissioner may direct, in every other case.
replacement
of Pan III,
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Private notes are available after approval.