TNAG-2694-FCO40-3900-Hong-Kong-Judiciary-and-judicial-appointments-1993 — Page 3

(3)

(c)

determined by the Chief Justice; but he is entitled to no further emoluments if he is convicted, pending a decision by the Governor under section 9; and subsection (1) (c) the officer is entitled to all of

the emoluments of his office.

If proceedings against an officer do not result in an action being taken under section 9, the officer is entitled to all of the emoluments that he would have been entitled to if he had not

been suspended.

(4) If an action under section 9 other than dismissal is

taken, the officer is entitled to all or a portion, as determined by

Chief Justice, of the emoluments that he would have been

the

entitled to if he had not been suspended.

5. Criminal proceedings against officer

(2) If criminal proceedings are instituted against an officer, proceedings under this Ordinance, other than under section 4, that are based on any grounds involved in the criminal proceedings shall not be taken pending final determination of the criminal proceedings.

(2) An officer who is acquitted of a criminal charge is not

subject to further proceedings under this Ordinance for any matters

in respect of which he has been acquitted, but he may be subject to

further proceedings under this Ordinance for any other matters

arising out of his conduct which do not raise substantially the same

issues as those on which he has been acquitted.

(3) After final determination of the criminal proceedings,

where the officer stands convicted, the Chief Justice shall submit a record of the relevant court proceedings to the Judicial Service

Commission.