TNAG-2319-FCO40-3363-Petitions-from-members-of-the-public-regarding-Hong-Kong-1991 — Page 107

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Appendix II

DISCIPLINARY PROCEEDINGS (COLONIAL REGULATIONS) REGULATIONS

(Extracted from Annex IV of Civil Service Regulations)

Citation

General Application

Application to Judiciary

Officers to be given chance to exculpate himself

In exercise of the powers conferred by Colonial Regulations 56, 57 and 65, the Governor, with the approval of the Secretary of State, has made the following regulations

1.

2.

These regulations may be cited as the Disciplinary Proceedings (Colonial Regulations) Regulations.

These regulations shall apply only to officers confirmed to the permanent establishment.

3. (1) Nothing in these regulations shall apply to a

judge of the Supreme Court or the District Court.

(2) In their application to the Registrar, Deputy Registrar or an Assistant Registrar of the Supreme Court, a president of a Tenancy Tribunal, president of the Lands Tribunal, a presiding officer of the Labour Tribunal or a Magistrate, these regulations shall be read as if

(a)

(b)

(c)

(a)

the reference in Regulations 7(2) and 8(3) to the Governor were references to the Chief Justice;

an Investigating Officer OT an Investigating Committee shall be appointed under regulation 5 by the Chief Justice;

an Investigating Officer shall be a judge of the Supreme Court; and

an Investigating Committee shall normally include one or more Supreme Court judges or persons who have held high judicial office in some Commonwealth country.

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4. (1) The Governor shall, before he orders an

investigation for the purposes of C.R. 56 or C.R. 57

(a) notify the officer of the grounds on which it is

proposed to order an investigation;

(b)

call upon the officer to state in writing, within such reasonable period as the Governor may specify, any grounds upon

upon which

he relies

to

exculpate himself.

Amendment No. 7(c)/78