Second Schedule.
Third Schedule.
Third Schedule.
4.
FIRE SERVICES (AMENDMENT)
Ord. No. 50/78
A177
(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 punish- ment may be awarded in accordance with the provisions of the Third Schedule.
(5) Notwithstanding section 6(2), the Director shall not authorize any other member to exercise the power of dismissal conferred on him by the Third Schedule.
(6) If proceedings against a subordinate officer or mem- ber of other ranks do not result in any punishment he shall be entitled to the full amount of the emoluments which he would have received if he had not been interdicted.
(7) If a punishment other than dismissal is awarded, any subordinate 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 fit 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.".
Section 14A of the principal Ordinance is repealed and replaced Repeal and by the following-
"Criminal offences by subordinate officers and members of other ranks.
Second Schedule.
Second Schedule.
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 amount 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 shall (except subsection (4) ) apply, with all necessary modifications, to an interdiction under this subsection.
(2) If in criminal proceedings before any court 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guilty to a criminal office and any appeal in or other application for review of those proceedings is not allowed or is withdrawn, the officer or member may be punished in accordance with Part II of the Second Schedule.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 afore- 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-
(a) criminal proceedings in, and
(b) a criminal offence against the law of, any place outside Hong Kong.".
replacement of section 14A.
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