"H"
Citation.
General application.
Application to Judiciary.
Officer to be given chance to exculpate himself.
Investigations under C.RR.56 and 57.
Appointments for C.R.56 and C.R.57.
Procedure
under C.RR.56 and 57.
COLONIAL REGULATIONS
Regulations under Colonial Regulations 56, 57 and 65
In exercise of the powers conferred by Colonial Regulations 56, 57 and 65, the Governor, with the approval of the Secretary of State, has made the following regulations--
1.
2.
3.
These regulations may be cited as the Disciplinary Proceedings (Colonial) Regulations.
These regulations shall apply only to officers confirmed to the permanent establishment.
(1) Nothing in these regulations shall apply to a judge of the Supreme Court.
(2) In their application to a District Court judge or a magistrate, these regulations shall be read as if
(a) the references in Regulations 7(2) and 8(3) to the Governor were references to the
Chief Justice;
(b) an Investigating Officer or an Investigating Committee shall be appointed under
regulation 5 by the Chief Justice;
(c) an Investigating Officer shall be a judge of the Supreme Court; and
(d) an Investigating Committee shall normally include one or more Supreme Court judges
or persons who have held high judicial office in some Commonwealth country.
4. (1) The Governor shall, before he orders an investigation for the purposes of C.R. 56 or C.R. 57—
(a) notify the officer of the grounds on which it is proposed to order an investigation; (b) call upon the officer to state in writing, within such reasonable period as the Governor
may specify, any grounds upon which he relies to exculpate himself.
(2) If the officer--
(a) does not furnish any such statement within the time specified by the Governor; or (b) fails to exculpate himself to the satisfaction of the Governor,
the Governor may order an investigation under C.R. 56 or C.R. 57.
5. (1) An investigation ordered by the Governor for the purposes of C.R. 56 shall be conducted by an Investigating Officer appointed by the Governor.
(2) An investigation ordered by the Governor for the purposes of C.R. 57 shall be
conducted by an Investigating Committee appointed by the Governor.
6. (1) An Investigating Officer shall be a public officer who is senior to the officer alleged to have been guilty of misconduct.
(2) An Investigating Committee shall consist of two or more public officers, who shall be senior to the officer alleged to have been guilty of misconduct.
7. (1) An investigation ordered by the Governor for the purposes of C.R. 56 or 57 shall be conducted by an Investigating Officer or Committee in accordance with-
(a) these regulations;
(b) such directions, whether general or special, as the Governor may give; and
(c) subject to (a) and (b), such procedure as the Committee may determine.
(2) The Investigating Officer or Committee shall, on the completion of an investigation, make a report to the Governor, which shall contain-
(a) a record of the proceedings;
(b) such findings of fact as the Investigating Officer or Committee may consider relevant;
and
(c) the opinion of the Investigating Officer or Committee as to whether or not the facts
amount to misconduct.
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