TNAG-2397-FCO40-3484-Hong-Kong-Civil-Service-policy-1992 — Page 47

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Interdiction and reinstatement

7.

offence,

a form of

Where an officer is charged with a criminal interdiction may be considered. Interdiction is not punishment. As explained in CSB Circular No. 8/79, precautionary device

device for

for removing an officer from duty in the following circumstances :

8.

(a)

(b)

it is a

when disciplinary or criminal proceedings are pending or the officer's conduct is being investigated; and

it is essential for departmental reasons or in the wider public interest that the officer should cease performing his normal duties; and

(c) alternative duties either cannot be found or would be

inappropriate.

An officer acquitted of a criminal offence should be reinstated if no

separate disciplinary action is contemplated or, where disciplinary action is deemed necessary, there is no intention to remove him from service. Where removal from service is under CR 57 or 59, it may not be advisable to reinstate the officer as this would undermine the Department's subsequent recommendation for termination of service and might give the officer the false impression that he can expect continuous employment until normal retirement age.

contemplated

Principle of natural justice

9.

Recommendation on termination of service under CR 57, 58 or 59 must be supported fully with justifications which should be fair and equitable. It is also essential that all materials and documents based on which the recommendation is made are provided to the officer concerned in the course of the proceedings. This is to avoid any accusation that the management is in breach of the principle of natural justice

justice as the officer has not been given the opportunity to representations on those comments/criticisms levied on him. Such arrangement is particularly pertinent for CR 59 cases where no formal hearing is conducted. As the recommendation for termination of service is usually arrived at through

through exchange of correspondence between the department, Civil Service Branch and Legal Department, care should be taken to avoid including in these correspondence any remarks which have not been communicated to the officer but are then used as the basis of the recommendation.

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/ 10. Any enquiries