TNAG-0639-FCO40-787-Construction-of-underground-railway-system-in-Hong-Kong-(Mas-1978 — Page 110

A186

Ord. No. 46/77

Interdiction

in the case of criminal proceedings.

Punishment of officer guilty of criminal offence.

Saving in

respect of Colonial

Regulations

and Hong Kong Regulations.

Disciplinary rules.

PREVENTIVE SERVICE (AMENDMENT)

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 follows- (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 in 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. (1) 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any criminal offence and any appeal or other application for review of those proceedings is dismissed or abandoned or withdrawn, the member concerned may be punished-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) if 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

(b) a criminal offence against the law of,

any place outside Hong Kong.

15. Nothing in this Part shall be construed to pre- clude-

(a) the summary dismissal of any member in accord- ance 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 is desirable in the public interest.

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;