1986 Ed.]
Fire Services
[CAP. 95
(b) [Deleted, 4 of 1986, s. 5)
(Part II replaced, 29 of 1975, s. 23)
29
20
FOURTH SCHEDULE
Rights of appeal and related provisions
(s. 14B.)
1. A subordinate officer or member of other ranks (including one who has been dismissed) may appeal, in accordance with the following rules, against-
(a) a finding by the Director or other member that he is guilty of a disciplinary offence;
(b) any punishment awarded by the Director or other member, other than under rule 4;
(c) any order or requirement for payment in respect of loss or damage made by the Director under section 14C. (Added, 4 of 1986, s. 6)
2. A member of other ranks may also appeal, in accordance with the following rules, against a punishment awarded to him by the Director under Part II of the Second Schedule.
3. The appeal shall lie-
(a) to the Governor, in respect of a finding made or punishment awarded by the Director; and
(b) to the Director, in all other cases.
4. Upon an appeal, the Governor or the Director, as the case may be, may-
(a) confirm or reverse the finding;
(b) confirm the punishment;
(c) subject to rule 9, substitute any other punishment which could have been awarded in the first instance;
(d) remit the punishment in full or in part without substituting any other punishment;
(e) if he dismisses an appeal against a finding and no punishment has been awarded, treat the appeal as if it were a case referred to him for punishment and award any punishment or take any other action which he is authorized to take.
5. Upon a review under section 14B(3) the Director may exercise any of the powers in rule 4(a), (b), (c) or (d).
6. An appeal shall be made in writing within 14 days from the day on which the subordinate officer or member of other ranks is informed that he has been found guilty of an offence or from any later day on which punishment is awarded for that offence.
7. For the purpose of any appeal against a finding, the Governor or the Director, as the case may be, may-
(a) take again the whole or any part of the evidence or accept in whole or in part the record of the evidence already taken; and
(b) hear any additional evidence which he may consider relevant,
and the Director may exercise the like powers where he reviews a finding under section 14B(3).
8. In the event of an appeal, any punishment (other than a reprimand or severe reprimand) awarded to a subordinate officer or a member of other ranks shall be suspended until the appeal is disposed of or abandoned.
9. Neither the Director nor the Governor shall award a greater punishment under rules 4 and 5 without first allowing the subordinate officer or member of other ranks a reasonable opportunity to be heard or to make representations in writing as to why the punishment should not be increased.
(Fourth Schedule added, 29 of 1975, s. 25)
Page 30
Page 31
1986 Ed.]
Fire Services
[CAP. 95
(b) [Deleted, 4 of 1986, s. 5)
(Part II replaced, 29 of 1975, s. 23)
29
20
FOURTH SCHEDULE
Rights of appeal and related provisions
(s. 14B.]
1. A subordinate officer or member of other ranks (including one who has been dismissed) may appeal, in accordance with the following rules, against-
(a) a finding by the Director or other member that he is guilty of a disciplinary
offence;
(b) any punishment awarded by the Director or other member, other than
under rule 4;
(c) any order or requirement for payment in respect of loss or damage made
by the Director under section 14C. (Added, 4 of 1986, s. 6)
2. A member of other ranks may also appeal, in accordance with the following rules, against a punishment awarded to him by the Director under Part II of the Second Schedule.
Second Schedule.
3.
The appeal shall lie-
(a) to the Governor, in respect of a finding made or punishment awarded by the
Director; and
(b) to the Director, in all other cases.
4. Upon an appeal, the Governor or the Director, as the case may be, may--m (a) confirm or reverse the finding;
(b) confirm the punishment;
(c) subject to rule 9, substitute any other punishment which could have been
awarded in the first instance;
(d) remit the punishment in full or in part without substituting any other
punishment;
(e) if he dismisses an appeal against a finding and no punishment has been awarded, treat the appeal as if it were a case referred to him for punishment and award any punishment or take any other action which he is authorized to take.
5. Upon a review under section 14B(3) the Director may exercise any of the powers in rule 4(a), (b), (c) or (d).
6. An appeal shall be made in writing within 14 days from the day on which the subordinate officer or member of other ranks is informed that he has been found guilty of an offence or from any later day on which punishment is awarded for that offence.
7. For the purpose of any appeal against a finding, the Governor or the Director, as the case may be, may-
(a) take again the whole or any part of the evidence or accept in whole or in part
the record of the evidence already taken; and
(6) hear any additional evidence which he may consider relevant,
and the Director may exercise the like powers where he reviews a finding under section 14B(3).
8. In the event of an appeal, any punishment (other than a reprimand or severe reprimand) awarded to a subordinate officer or a member of other ranks shall be suspended until the appeal is disposed of or abandoned.
9. Neither the Director nor the Governor shall award a greater punishment under rules 4 and 5 without first allowing the subordinate officer or member of other ranks a reasonable opportunity to be heard or to make representations in writing as to why the punishment should not be increased.
(Fourth Schedule added, 29 of 1975, s. 25)
Page 30Page 31
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