TNAG-2438-FCO40-3543-Hong-Kong-judiciary-appointments-1992 — Page 40

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

61. If criminal proceedings are instituted against an officer, disciplinary proceedings based upon any grounds involved in the criminal charge shall not be taken pending the determination of the criminal proceedings.

62. An officer acquitted of a criminal charge shall not be punished in respect of any charges upon which he has been acquitted, but he may never- theless be punished on any other charges arising out of his conduct in the matter which do not raise substantially the same issues as those on which he has been acquitted and the appropriate proceedings may be taken for the purpose.

63. An officer who is dismissed forfeits all claim to any pension, gratuity or other like benefits and to any other benefits or advantages of an officer.

64. An officer who is under interdiction may not, without the permission of the Governor, leave the Territory during the interval before he is reinstated or dismissed,

65. Except as may be provided by regulations made by the Governor and approved by the Secretary of State and except in the case of an officer who is one of the officers designated in Section 6 (2) of the Public Services Commission Ordinance, the Governor shall not inflict any punishment upon an officer under regulation 56, 57 or 58 or require an officer to retire under regulation 59 without first consulting the Public Services Commission.

66. (1) This regulation shall apply to any officer

(a) bolding an office appointment to which is subject to the approval of the Secretary of State;

(b) who was selected for appointment by the Secretary of State; or

(c) whose pensionable emoluments are on or above point 38 on the Master Pay Scale or on a point nearest thereto on any other salary scale.

(2) In the case of an officer to whom this regulation applies

(a) no punishment shall be inflicted on the officer under regulation 56, 57 or 58; and

(b) the officer shall not be required to retire under regulation 59, save with the prior approval of the Secretary of State.

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