1964_FIRE_SERVICES_ORDINANCE — Page 21

HK Historical Laws 香港歷史法例 All AI Reviewed

20

CAP. 95]

Fire Services

[1986 Ed.

Third Schedule.

Penal deductions from emoluments.

Removal of doubt.

(3) For the purpose of enabling due inquiry to be made as to whether a subordinate officer or member of other ranks should be required to pay any amount under subsection (2), affording him due opportunity to make representations and enabling any requirement under that subsection to be appealed against and reviewed, Part III shall apply mutatis mutandis to and in respect of such a requirement as it applies to and in respect of a finding of guilty of an offence against discipline in accordance with the provisions of the Third Schedule and an award of punishment.

(Added, 4 of 1986, s. 3)

15. (1) The following penal deductions may be made from the emoluments due to a member-

(a) all emoluments for every day of absence either on desertion or without leave;

(b) the sum required to pay any fine or other sum ordered to be paid on conviction for a criminal offence or for an offence against discipline.

(2) For the purposes of subsection (1)-

(a) no member shall be treated as absent unless the absence has lasted 6 hours or upwards except where the absence prevented the prompt dispatch of any contingent, appliance, ambulance, fire boat, or vehicle of the Fire Services Department in answer to any call; (Amended, 42 of 1961, s. 2)

(b) the number of days shall be reckoned as from the time when the absence commences.

16. For the avoidance of doubt it is hereby declared that—

(a) if criminal proceedings have been, or are likely to be, instituted against a senior officer, or an investigation is being undertaken into any conduct which may amount to the commission of a criminal offence by a senior officer, he may be interdicted from duty and paid emoluments in accordance with Colonial Regulations and Hong Kong Regulations; (Replaced, 50 of 1978, s. 5)

(b) a senior officer who in criminal proceeding before any court is found guilty of or pleads guilty to any offence may be punished in accordance with Colonial Regulations and Hong Kong Regulations; (Replaced, 29 of 1975, s. 12)

(c) nothing in this Part shall be construed to preclude the summary dismissal of any member in accordance with Colonial Regulations and Hong Kong Regulations;

(d) nothing in this Part shall be construed to preclude the termination of the employment in accordance with Colonial Regulations of a member on the ground that,

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20 CAP. 95] Fire Services [1986 Ed. Third Schedule. Penal deductions from emoluments. Removal of doubt. (3) For the purpose of enabling due inquiry to be made as to whether a subordinate officer or member of other ranks should be required to pay any amount under subsection (2), affording him due opportunity to make representations and enabling any requirement under that subsection to be appealed against and reviewed, Part III shall apply mutatis mutandis to and in respect of such a requirement as it applies to and in respect of a finding of guilty of an offence against discipline in accordance with the provisions of the Third Schedule and an award of punishment. (Added, 4 of 1986, s. 3) 15. (1) The following penal deductions may be made from the emoluments due to a member- (a) all emoluments for every day of absence either on desertion or without leave; (b) the sum required to pay any fine or other sum ordered to be paid on conviction for a criminal offence or for an offence against discipline. (2) For the purposes of subsection (1)- (a) no member shall be treated as absent unless the absence has lasted 6 hours or upwards except where the absence prevented the prompt dispatch of any contingent, appliance, ambulance, fire boat, or vehicle of the Fire Services Department in answer to any call; (Amended, 42 of 1961, s. 2) (b) the number of days shall be reckoned as from the time when the absence commences. 16. For the avoidance of doubt it is hereby declared that— (a) if criminal proceedings have been, or are likely to be, instituted against a senior officer, or an investigation is being undertaken into any conduct which may amount to the commission of a criminal offence by a senior officer, he may be interdicted from duty and paid emoluments in accordance with Colonial Regulations and Hong Kong Regulations; (Replaced, 50 of 1978, s. 5) (b) a senior officer who in criminal proceeding before any court is found guilty of or pleads guilty to any offence may be punished in accordance with Colonial Regulations and Hong Kong Regulations; (Replaced, 29 of 1975, s. 12) (c) nothing in this Part shall be construed to preclude the summary dismissal of any member in accordance with Colonial Regulations and Hong Kong Regulations; (d) nothing in this Part shall be construed to preclude the termination of the employment in accordance with Colonial Regulations of a member on the ground that,
Baseline (Original)
20 CAP. 95] Fire Services [1986 Ed. Third Schedule. Penal deductions from emoluments. Removal of doubt. (3) For the purpose of enabling due inquiry to be made as to whether a subordinate officer or member of other ranks should be required to pay any amount under subsection (2), affording him due opportunity to make representations and enabling any requirement under that subsection to be appealed against and reviewed, Part III shall apply mutatis mutandis to and in respect of such a requirement as it applies to and in respect of a finding of guilty of an offence against discipline in accordance with the provisions of the Third Schedule and an award of punishment. (Added, 4 of 1986, s. 3) 15. (1) The following penal deductions may be made from the emoluments due to a member- (a) all emoluments for every day of absence either on desertion or without leave; (b) the sum required to pay any fine or other sum ordered to be paid on conviction for a criminal offence or for an offence against discipline. (2) For the purposes of subsection (1)- (a) no member shall be treated as absent unless the absence has lasted 6 hours or upwards except where the absence prevented the prompt dispatch of any contingent, appli- ance, ambulance, fire boat, or vehicle of the Fire Services Department in answer to any call; (Amended, 42 of 1961, s. 2) (b) the number of days shall be reckoned as from the time when the absence commences. 16. For the avoidance of doubt it is hereby declared that— (a) if criminal proceedings have been, or are likely to be, instituted against a senior officer, or an investigation is being undertaken into any conduct which may amount to the commission of a criminal offence by a senior officer, he may be interdicted from duty and paid emoluments in accordance with Colonial Regulations and Hong Kong Regulations; (Replaced, 50 of 1978, s. 5) (b) a senior officer who in criminal proceeding before any court is found guilty of or pleads guilty to any offence may be punished in accordance with Colonial Regulations and Hong Kong Regulations; (Replaced, 29 of 1975, s. 12) (c) nothing in this Part shall be construed to preclude the summary dismissal of any member in accordance with Colonial Regulations and Hong Kong Regulations; (d) nothing in this Part shall be construed to preclude the termination of the employment in accordance with Colonial Regulations of a member on the ground that,
2026-05-04 17:55:37 · Baseline
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20

CAP. 95]

Fire Services

[1986 Ed.

Third Schedule.

Penal deductions from

emoluments.

Removal of doubt.

(3) For the purpose of enabling due inquiry to be made as to whether a subordinate officer or member of other ranks should be required to pay any amount under subsection (2), affording him due opportunity to make representations and enabling any requirement under that subsection to be appealed against and reviewed, Part III shall apply mutatis mutandis to and in respect of such a requirement as it applies to and in respect of a finding of guilty of an offence against discipline in accordance with the provisions of the Third Schedule and an award of punishment.

(Added, 4 of 1986, s. 3)

15. (1) The following penal deductions may be made from the emoluments due to a member-

(a) all emoluments for every day of absence either on desertion

or without leave;

(b) the sum required to pay any fine or other sum ordered to be paid on conviction for a criminal offence or for an offence against discipline.

(2) For the purposes of subsection (1)-

(a) no member shall be treated as absent unless the absence has lasted 6 hours or upwards except where the absence prevented the prompt dispatch of any contingent, appli- ance, ambulance, fire boat, or vehicle of the Fire Services Department in answer to any call; (Amended, 42 of 1961, s. 2)

(b) the number of days shall be reckoned as from the time

when the absence commences.

16. For the avoidance of doubt it is hereby declared that—

(a) if criminal proceedings have been, or are likely to be, instituted against a senior officer, or an investigation is being undertaken into any conduct which may amount to the commission of a criminal offence by a senior officer, he may be interdicted from duty and paid emoluments in accordance with Colonial Regulations and Hong Kong Regulations; (Replaced, 50 of 1978, s. 5)

(b) a senior officer who in criminal proceeding before any court is found guilty of or pleads guilty to any offence may be punished in accordance with Colonial Regulations and Hong Kong Regulations; (Replaced, 29 of 1975, s. 12)

(c) nothing in this Part shall be construed to preclude the summary dismissal of any member in accordance with Colonial Regulations and Hong Kong Regulations;

(d) nothing in this Part shall be construed to preclude the termination of the employment in accordance with Colonial Regulations of a member on the ground that,

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