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(6) An officer interdicted under subsection (1) or (2) may not, without the permission of the Commissioner, leave Hong Kong while under interdiction,
13. (1) If criminal proceedings have been, or are likely to be, instituted against any member or an investigation is being undertaken into any conduct which may amount to the commission of a criminal offence by a member, he may be interdicted from duty and paid emoluments as follow- (a) if a senior officer, in accordance with Colonial
Regulations and Hong Kong Regulations;
(b) if a subordinate officer, in accordance with section 12 which shall apply, with all necessary modifica- tions, to an interdiction under this paragraph.
(2) A subordinate officer who is found guilty of or pleads guilty to any criminal offence which to the opinion of the Commissioner is serious enough to warrant his dis- missal shall not, as from tha time when he is found or pleads guilty as aforesaid, be paid any emoluments of his office pending the consideration of the case in accordance with rules made under section 16.
14. (3) If in criminal proceedings before any court a member is found guilty of or pleads guilty to any criminal offence and any appeal or other application for review of those proceedings is dismissed or abandoned or withdrawn, the member concerned may be punished-
(a) if a senior officer, in accordance with Colonial
Regulations and Hong Kong Regulations;
(b) it a subordinate officer, in the appropriate manner
prescribed by rules made under section 16.
(2) In section 13 and in subsection (1) of this section. "criminal proceedings" and "criminal offence" include, respectively.
(a) criminal proceedings in, and
(6) a criminal offence against the law of,
any place outside Hong Kong.
14. Nothing in this Part shall be construed to pre- clude
(a) the summary dismissal of any member in accord- auce with Colonial Regulations and Hong Kong Regulations:
(b) the termination of the employment in accordance with Colonial Regulations of any member on the grounds that, having regard to the conditions of the public service, the usefulness of the member thereto and all other circumstances of the case, such termination la desirable in the public interesL
16. (1) The Governor may make rules for all or any of the following matters-
(a) the acts and omissions which shall be disciplinary
offences on the part of any member;
&
5
(b) the procedure to be followed where--
(i) a disciplinary offence is alleged to have been committed by any subordinate officer;
(ii) a subordinate officer is found guilty of or pleads guilty to a criminal offence as defined in Section 1442);
() the punishment of a subordinate officer for any disciplinary offence or where he is found guilty of or pleads guilty to a criminal offence as defined in section 14(2):
(1) the rights of appeal of a subordinate officer- (D) found guilty of a disciplinary offence; or (D) punished,
under rules made under this section and the review by the Commissioner of findings made and punishments awarded.
(2) Rules made onder paragraph (d) of subsection (1) may authorize the Governor to delegate to the Secretary for the Civil Servico, or to a public officer not below the rank of Secretary, the determination of an appeal referred to in that paragraph.".
The principal Ordinance is amended by inserting, after Part HI, Buseriion of the following new Parts-
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Second Schedule.
"PART HITA
GENERAL POWERS AND DUTIES OF MEMBERS
17. A member who is off duty shall be deemed to be on duty whenever he encounters circumstances which would require him, if actually on duty, to act in enforcing any of the Ordinances specified in the Second Schedule,
17A. (1) A member may, without warrant, stop and search and arrest any person whom he may reasonably Buspect of having committed an offence against an Ordini- ance specified in the Second Schedule.
(2) If any person resista, or altempts to evade, search or arrest by a member, whether effected under this Ordin- ance or any other power. the member may use such force as is reasonably necessary to effect the search or arrest,
(3) Where a member has arrested any person the member may search for and take possession of any thing found on his person or in or about the place at which the person has been arrested and which the member may reasonably suspect is related to or connected with the offence for which the person has been arrested or may throw light on the character or activities of that person or any associate of his.
(4) A person may be searched only by a member who is of the same sex.
new Ports TILA and [3.
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