1978-HKRS28-16-26_Part03 — Page 5

Repeal and

repil iugesonant

of secdan 14A.

Schutthule.

Third Schedule.

Third Schester lat,

2

that it is contrary to the public interest for the subordinale officer or member of other ranks to coalinus to exercise the powers and functions of his office.

(2) A subordinate officer or member of other ranks who is interdicled under subsection (1)(b) shall be entitled until such time as he is charged with a disciplinary offence to the full amount of the emoluments of his office which he would have received if he had not been interdicled.

(3) A subordinate officer or member of other ranks who-

(o)

is interdicted under subsection (!)0); or

(b) having been interdicted under subsection (1)(6), is

charged with a disciplínary offence, ́ |

shall receive such proportion of the emoluments of his allier, not being less thanjoñe-half, as the Director thinks AL.

'T

(4) Whenever it is alleged that a subordinate officer or member of other ranks has committed a disciplinary offence, investigation shall be made into the allegation in the manner provided for by Part I of the Second Schedule and punishy ment may be awarded in accordance with the provisions of the Third Schedule.

L

(5) Notwithstanding section 6(2), the Director_shall not authorize any other meraber la exercise the power of dismissal conferred on him by the Thind Schedule.

(6) If proceedings against a subordinate officer or mem: ber of other ranks do not result in any punishment be shali be entitled to the full amount of the emoluments which he would bave received if he bad not been interdicted.

(7) If a punishment other than dismissal is awarded, any súbordinate officer or member of other ranks may be paid such proportion of the emoluments withheld as a result of his interdiction as the Governor thinks fit where the punishment is imposed by the Governor or as the Director thinks ft in every other case.

(8) A subordinate officer or member of other ranks who is under interdiction may not leave Hong Kong without the permission of the Director.".

4 Section 14A of the principal Ordinance is repealed and replaced by the following-

"Crimdonl

Bence by subordinuude Alleen vad araben or other rinks.

14A. (1) If criminal proceedings have been, or are likely to be, instituted against a subordinate officer or member of other ranks, or an investigation is being undertaken into any conduct which may amounl to the commission of a criminal offence by such officer or member, he may be interdicted and paid emoluments in accordance with section 14 which shell (except subsection (4)) apply, with all necessary modifications, to an interdiction under this subsection.

(2) Tf in criminal proceedings before any count a sub- ordinate officer or member of other ranks is found guilty of or pleads guilty to a criminal office and any appeal in or other application for review of those proceedings to nol

Secould Scheute.

Semal Schedule

3

allowed or is withdrawn, the officer or member may be punished in accordance with Part 11 of the Second Schedule.

(3) Notwithstanding subsection (1), a subordinate officer or member of other ranks who is found guilty of or pleads guilty to a criminal offence which in the opinion of the Director is serious enough to warrant his dismissal shall not, as from the time when he is found or pleads guilty as afote- said or when he is interdicted (whichever is the later), be paid any emoluments of his office pending consideration of the case in accordance with Part II of the Second Schedule. (4) In this section, "criminal proceedings" and "criminal offence" include respectively—

(0) criminal proceedings in, and

(6) a criminal offence against the law of.

any place outside Hong Kong.".

A. Section 16 of the principal Ordinance is amended by deleting Ammendrager of paragraph (4) and substituting the following-

"(a) if criminal proceedings have been, or are likely to be, instituted againat a senior officer, or an investigation is being undertaken into any conduct which may amount to the commission of a criminal offence by a senior officer, he may be interdicted from duty and paid emoluments in accordance with Colonial Regula- Lions and Hong Kong Regulations;”.

1978.

Passed by the Hong Kong Legislative Council this Sth day of July,

Pla

Clerk to the Legislative Council.

This printed Impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.

Man Са

Clerk to the Legislative Council.

section 16.