TNAG-1415-FCO40-1896-Public-finance-in-Hong-Kong-1985 — Page 23

(ii) Accordingly, no penalty shall be inflicted by the Governor without the approval of the Secretary of State.

(iii) In place of the Committee referred to in paragraph (ii) of Regulation 59, the Governor shall appoint a Judicial Commission consisting of such person or persons as he may think fit, due regard being had to the desirability of appointing a Commission consisting of or including a Judge or Judges.

55. An officer holds office subject to the pleasure of the Crown, and the pleasure of the Crown that he should no longer hold it may be signified through the Secretary of State, in which case no special formalities are required.

56. If it is represented to the Governor that an officer has been guilty of misconduct, and the Governor is of opinion that the misconduct alleged is not serious enough to warrant proceedings under Regulations 57 and 59, with a view to dismissal, he may cause an investigation to be made into the matter in such manner as he shall think proper, and the officer shall be entitled to know the whole case made against him, and shall have an adequate opportunity throughout of making his defence.

If as a result the Governor is of opinion that the allegation is proved, he may inflict such punishment upon the officer by way of fine or reduction in rank, or otherwise, as may seem to him just.

In the case of an officer holding an office, the appointment to which is subject to the approval of the Secretary of State, or an officer who, though not holding such an office, was selected for appointment by the Secretary of State, the punishment proposed, if other than a reprimand, shall be immediately reported to the Secretary of State and the report shall be accompanied by a statement of the offence, the evidence in support, and such observations as the officer has made or desires to make. The Secretary of State may approve, vary or remit the punishment.

This Regulation is without prejudice to any local law or regulation providing for the punishment of officers by the Governor or the head of a department.

57. For the purpose of this and the next succeeding Regulation, the term

officer "

means an officer who neither holds an office appointment to which is subject to the approval of the Secretary of State, nor was selected for appointment by the Secretary of State. Such an officer may, subject to the provisions of paragraph (vi) of this Regulation, be dismissed by the Governor only in accordance with the rules contained in paragraphs (i) to (v) of this Regulation, unless the method of dismissal is otherwise provided for in these Regulations, or by local law or regulations:

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