TNAG-2438-FCO40-3543-Hong-Kong-judiciary-appointments-1992 — Page 39

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

him to retire in the public interest, the Governor may require the officer to retire from the service under this regulation, and in such a case it shall not be necessary for the Governor to comply with the procedure prescribed in paragraphs (1) and (2) of this regulation.

(3A) Action may be taken under this regulation if an officer is charged with a criminal offence and the court finds the charge proved but exercises its power not to enter a conviction. Such a finding may be regarded as a conviction for the purpose of this regulation.

(4) Where an officer is required to retire under 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

(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;

(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 been interdicted under:

(a) paragraph (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; or

(b) Paragraph (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; or

(c) Paragraph (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 punish- ment 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.

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