TNAG-2319-FCO40-3363-Petitions-from-members-of-the-public-regarding-Hong-Kong-1991 — Page 105

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(4) where an officer is required to retire unaer this regulation, he may be granted a pension, gratuity or other allowance in accordance with any pensions law for the time being in force in the Territory.

60. (1) The Governor may interdict an officer from the exercise of powers and

functions of his office if :

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(a) proceedings have been, or are to be, taken against

him under regulation 57; or

(b) criminal proceedings have been, or are likely to be,

instituted against him; or

(c) investigation of his conduct is being undertaken and it is contrary to the public interest for him to continue to exercise the powers and functions of his office.

(2) An officer who has beer interdicted under :

(a) Faragraph (1)(a) shall be allowed to receive such portion of the emoluments of his office, not being less than one-half, as the Governor shall think fit;

(b) Faragraph (1)(b) shall be allowed to receive such

portion of the emoluments of his office, not being less than one-half, as the Governor shall think fit until such time as he may be convicted on a criminal charge serious enough to warrant his dismissal from the service whereupon he shall not receive any such emoluments pending the consideration of his case by the Governor;

(e) Faragraph (1)(c) shall be allowed to receive the full

amount of the emoluments of his office.

(3) If the proceedings against any such officer do not result in any punishment

of the officer, he shall be entitled to the full amount of the emoluments which he would have received if he had not been interdicted.

(4) If a punishment other than dismissal is inflicted, he may be paid such

proportion of the emoluments withheld as a result of his interdiction as the Governor shall think fit.

If criminal proceedings are instituted against an officer, disciplinary proceedings based upon any grounds involved in the criminal charge shall not be taken pending the determination of the criminal proceedings.

An officer acquitted of a criminal charge shall not be punished in respect of any charges upon which he has been acquitted, but he may nevertheless be punished on any other charges arising out of his conduct in the matter which do not raise substantially the same issues as those on which he has been acquitted and the appropriate proceedings may be taken for the purpose.

An officer who is dismissed forfeits all claim to any pension, gratuity or other like benefits and to any other benefits or advantages of an officer.

An officer who is under interdiction may not, without the permission of the Governor, leave the Territory during the interval before he is reinstated or dismissed.

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