1964_CUSTOMS_AND_EXCISE_SERVICE_ORDINANCE — Page 8

1989 Ed.]

Customs and Excise Service

[CAP. 342

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(b) the matter shall be investigated and the officer concerned dealt with in the appropriate manner provided for in those regulations for allegations of misconduct made against a public officer.

12. Subordinate officers

(1) Whenever a subordinate officer is charged with a disciplinary offence-

(a) the Commissioner may interdict him from duty;

(b) the matter shall be investigated and the officer concerned dealt with in the appropriate manner prescribed by rules made under section 16.

(2) Whenever an investigation is being undertaken into any conduct which may amount to the commission of a disciplinary offence by a subordinate officer and the Commissioner considers that it is contrary to the public interest for the officer to continue to exercise the powers and functions of his office, the Commissioner may interdict him from duty but the officer shall be entitled, until such time as he is charged with a disciplinary offence to the full amount of the emoluments which he would have received if he had not been interdicted.

(3) An officer interdicted under subsection (1), and an officer interdicted under subsection (2) who is charged with a disciplinary offence, shall receive such proportion of the emoluments of his office, not being less than one-half, as the Commissioner may direct.

(4) If the proceedings against such officer do not result in the imposition of any punishment, he shall be entitled to the full amount of the emoluments which he would have received if he had not been interdicted.

(5) If a punishment other than dismissal is imposed the officer may be paid such proportion of the emoluments withheld as a result of his interdiction as the Governor may direct, where the punishment is imposed by the Governor or, as the Commissioner may direct, in every other case.

(6) An officer interdicted under subsection (1) or (2) may not, without the permission of the Commissioner, leave Hong Kong while under interdiction.

13. Interdiction in the case of criminal proceedings

(1) If criminal proceedings have been, or are likely to be, instituted against any member or an investigation is being undertaken into any conduct which may amount to the commission of a criminal offence by a member, he may be interdicted from duty and paid emoluments as follows—-

(a) if a senior officer, in accordance with Colonial Regulations and

Hong Kong Regulations;

(b) if a subordinate officer, in accordance with section 12 which shall apply, with all necessary modifications, to an interdiction under this paragraph.