TNAG-2397-FCO40-3484-Hong-Kong-Civil-Service-policy-1992 — Page 46

2.

This circular memorandum highlights some of the basic principles which should be observed when instituting action to remove an officer from service under CR 57, 58 and 59. The basic principles set out in this circular are also applicable where the proceedings for termination of service are instituted under the respective Disciplined Services legislations.

Prompt decision and action

3.

When an officer has committed a serious misconduct, it is imperative that the management should decide immediately, and in any case not later than one month after the occurrence of the misconduct, whether disciplinary action should be taken under CR 57. As soon as decision has been made, the officer concerned should be immediately informed SO that he is left in no doubt of the management's intention.

4.

When an officer is being charged in court of a criminal offence, the management should keep a close watch on the development of the case.

If the officer is convicted, the management should decide, once the judicial penalty has been handed down, whether disciplinary action should be taken under CR 58 and whether the officer should be removed from the service. If the officer is not convicted, the management should also decide immediately whether CR 57 action will be contemplated in the light of evidence revealed during the court hearing. If the officer is acquitted of a criminal charge but there are sufficient evidence for the Management to consider that he is of such poor character and doubtful integrity that he should no longer be entrusted with any public duties, immediate decision should be made on whether action should be taken under CR 59. In all circumstances, the officer concerned should be informed of the management's intention as soon as possible.

5.

Once a decision is made to institute action under CR 57, 58

or 59, the case should be processed promptly. The attached

time-tables serve as a guide for management to monitor the progress of the proceedings at each stage.

6.

In the case of officers whose performance is persistently unsatisfactory, the management should first ensure that every effort

been made to help the officer to make improvement and that he has been duly advised of his inadequacies. Termination of service in the public interest under CR 59 should be used only as a last resort.

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Interdiction