TNAG-0408-FCO40-454-Allegations-of-bribery-and-corruption-in-the-Hong-Kong-polic-1973 — Page 93

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(viii) If upon considering the report of the Committee the Governor is of opinion that the officer should be dismissed he shall forthwith suspend him from the exercise of his office and from the enjoyment of his salary and shall without loss of time report the matter to the Secretary of State, transmitting the minutes of the Council, the report of the Committee, a copy of the evidence and of all material docu- ments relating to the case, together with a recommendation that the , officer should be dismissed.

(ix) In Territories where there is a Public Service Commission the functions of the Governor and Executive Council as set out in sub- paragraphs (vii) and (viii) of this Regulation shall be modified in accordance with the Constitution of the Territory.

(x) If the Secretary of State approves the recommendation for dismissal, the Governor shall dismiss the officer and the dismissal shall take effect from the date upon which he was suspended by the Governor and he shall not be entitled to any salary subsequent to such date.

(xi) If the Secretary of State does not approve the officer's dismissal, and does not consider that any penalty should be inflicted, the officer shall be forthwith reinstated and shall be entitled to the full amount of salary which he would have received if he had not been suspended.

(xii) If the Secretary of State considers that the officer deserves some punishment, but not dismissal, he will direct the Governor accordingly. (xiii) If upon considering the report of the Committee the Governor is of opinion that the officer does not deserve to be dismissed, but deserves some lesser punishment, he shall deal with the matter as provided in Regulation 56.

(xiv) If upon considering the report of the Committee the Governor is of the opinion that the officer does not deserve to be dismissed but that the proceedings disclose grounds for requiring him to retire in accordance with Regulation 67, he may recommend accordingly.

(xv) An officer who has been suspended may, pending the decision of the Secretary of State thereon, be granted an alimentary allowance if the Governor shall consider him to be in need of such assistance.

(xvi) If the officer concerned is a Magistrate or Judge of a Court subordinate to the Supreme Court or High Court, then in place of the Committee referred to in paragraph (ii) of this Regulation, there shall be a Judicial Commission appointed by the Chief Justice and normally consisting of one or more Judges of the Supreme Court or High Court; and in any such case, the expression "the Committee" wherever it occurs in other paragraphs of this Regulation shall be construed as meaning the Judicial Commission. If the officer is the holder of some

other office in addition to that of Magistrate or Judge of a subordinate Court, and if the grounds upon which it is proposed to dismiss him are not related to his functions as Magistrate of Judge, this paragraph. shall not apply, unless the Governor shall otherwise direct.

60. If in any case the Governor considers that the public interest requires that an officer should cense to excrcke the powern and functions of his elike instantly, he may intcrill t the officer from the exercia of the power and frumflans ef his office provided that proceedings for lik dianimal me being tal en oi nje about to be taken, or that criminal proceedings are being instituted against him, Subject to Regulation 63 an officer who has been interdicted shall, unless and until he is suspended, be allowed to receive such portion of the emoluments of his office, not being less than one-half, as the Governor shall think fit. If the proceedings against any such officer do not result in the dismissal or other punishment of the officer, he shall be entitled to the full amount of the emoluments which he would have received if he had not been interdicted. If the punishment is other than dismissal he may be refunded such proportion of the enioluments withheld as a result of his interdiction as the Governor shall think fit.

61. If criminal proceedings are instituted against an officer, proceedings for his dismissal upon any grounds involved in the criminal charge shall not be taken pending the criminal proceedings and the determination of any appeal arising therefrom.

62. If an officer to whom the provisions of Regulation 59 may apply is convicted on a criminal charge, the Governor may cause the proceedings of the criminal court on such charge to be considered in Executive Council or by the Public Service Commission in Territories where the Commission is empowered to advise him on discipline, and if, following such considera- tion, he is of opinion that the officer should be dismissed or subjected to some lesser penalty on account of the offence for which he has been con- victed the officer may, subject to the prior approval of the Secretary of State, be dismissed or otherwise punished without any of the proceedings prescribed in Regulation 59 being taken, Alternatively, if the proceedings disclose grounds for so doing the Governor may without further proceedings recommend to the Secretary of State that the officer be required to retire in accordance with Regulation 67. Action may be taken under this Regula- tion if an officer is charged with a criminal offence and the court finds the charge proved, but in the exercise of powers which exist under the legislation of certain Territories, does not (on grounds of leniency) enter a conviction. Such a finding may be regarded as a conviction for the purposes of this Regulation....