TNAG-2396-FCO40-3483-Hong-Kong-Civil-Service-policy-1992 — Page 161

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Salary to be withheld on conviction.

and in the period of twelve months immediately preceding the date of conviction the officer has either not been convicted or been convicted once only of a similar offence.

5.(1)

The salary of an officer who is convicted of a criminal offence shall be withheld from the date of conviction

(2)

(a)

if the officer has been sentenced to imprisonment, whether or not he lodges an appeal; or

(b) if, in the opinion of the Secretary for the

Civil Service, the conviction may lead to the dismissal of the officer.

An officer's Head of Department shall notify the Secretary for the Civil Service of the result of any criminal proceedings taken against the officer.

(3)

The Director of Accounting Services shall withhold the salary of an officer, pending further consideration of the officer's case, if the Secretary for the Civil Service informs him

(4)

(a) that the officer has been sentenced to

imprisonment; or

(b) that the officer has been convicted of a

criminal offence and that the conviction, in the opinion of the Secretary for the Civil Service, may lead to dismissal of the officer.

An officer whose salary has been withheld under this Regulation shall cease to perform any duties of his office.

(5)

An officer whose salary has been withheld under this Regulation may be allowed to receive such portion of the emoluments of his office as the Secretary for the Civil Service shall think fit.

Disciplinary proceedings.

6.

An officer to whom this Regulation applies shall, with regard to disciplinary proceedings and matters connected therewith, be dealt with

(a)

(b)

•

in accordance with the terms providing in

that regard of any contract between the officer and the Government; and

insofar as the terms of such a contract

do not so provide, in accordance with the following regulations, namely, Colonial Regulations 54 to 66 and any regulations made by the Governor in relation to such proceedings and matters, insofar as those Colonial or other regulations apply to the officer, but subject to such modifications (if any) thereto as the Secretary for the Civil Service may make, either generally or as regards the particular case.

Amendment No. 63(b)/88