TNAG-2319-FCO40-3363-Petitions-from-members-of-the-public-regarding-Hong-Kong-1991 — Page 103

Appendix I

54.

55.

Colonial Remulations applied to public officers in Hong Kong

(Disciplinary Procedure)

(Extracted from Annex III of Civil service Regulations)

(1) Regulations 54 to 66 shall apply only to officers confirmed to the

pensionable establishment.

(2) Disciplinary procedure in relation to other officers shall be carried

out in accordance with regulations made by the Governor.

(3) For the purpose of regulations 56 to 66, punishment includes dismissal, compulsory retirement with pension, gratuity or other allowances, with- out such benefits or with reduced benefits, fine, reduction in rank, severe reprimand, reprimand, stoppage or deferment of increments and, reduction in salary, but not retirement in the public interest under regulation 59.

(4) Regulations 55 to 66 are without prejudice to any law providing for the

punishment of officers by the Governor or any other officer or authority.

(5) The Governor may delegate to any public officer any of the powers or

duties conferred or imposed upon him by regulations 56 to 66, save that he shall not delegate the power to make regulations, nor save with the approval of the secretary of State, the power to dismiss an officer or to require him to retire under regulation 59.

(6) Regulations 54 to 66 shall not apply to a judge of the Supreme Court or

the District Court.

An officer holds office subject to the pleasure of the Crowr., 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. (1) If it is represented to the Governor that an officer has been guilty of

misconduct, and the Governor is of the opinion that the misconduct alleged is not serious enough to warrant proceedings under regulation 57, he may cause an investigation to be made into the officer's conduct in such manner as may be prescribed by regulations made by the Governor and approved by the secretary of State.

57.

(2) If after such investigation the Governor is of the opinion that the officer

has been guilty of misconduct, he may inflict such punishment, other than dismissal or compulsory retirement, upon the officer as may seem to him to be just.

(1) If it is represented to the Governor that an officer has been guilty of

misconduct, and the Governor is of the opinion that the misconduct alleged may be serious enough to warrant the dismissal or compulsory retirement of the officer, he may cause an investigation to be made into the officer's conduct in such manner as may be prescribed by regulations made by the Governor and approved by the secretary of state.

(2) If after such investigation the Gover.or is of the opinion that the office has been guilty of misconduct, he may inflict such punishment upon the officer as may seem to him to be just.