8
00
CAP. 234]
Prisons
[1986 Ed.
Offences against discipline by Chief Officers, subordinate officers and
other persons employed in the prisons.
Interdiction where criminal proceedings are instituted against
an officer.
20C. (1) Whenever a Chief Officer or any subordinate officer or other person employed in the prisons is charged with a disciplinary offence-
(a) the Commissioner may interdict him from duty; and
(b) the matter shall be investigated and the officer or person concerned dealt with in the appropriate manner provided in the rules made under section 25.
(2) Whenever an investigation is being undertaken into any conduct which may amount to the commission of a disciplinary offence by a Chief Officer or any subordinate officer or other person employed in the prisons, and the Commissioner considers that it is contrary to the public interest for the officer or person to continue to exercise the powers and functions of his office, the Commissioner may interdict him from duty but the officer or person 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 or person 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 or person do not result in any punishment of the officer or person, 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 inflicted the officer or person may be paid such proportion of the emoluments withheld as a result of his interdiction as the Commissioner may direct.
(Added, 35 of 1977, s. 4)
20D. (1) If criminal proceedings have been, or are likely to be, instituted against any officer of the Correctional Services Department or other person employed in the prisons, or an investigation is being undertaken into any conduct which may amount to the commission of a criminal offence by such officer or person, the officer or person may be interdicted from duty and thereafter paid emoluments as follows-
(a) if a Superintendent or officer of a higher rank, in accordance with Colonial Regulations and Regulations of the Hong Kong Government;
(b) if a Chief Officer or subordinate officer or other person employed in the prisons, in accordance with section 20C.
(2) A Chief Officer or subordinate officer or other person employed in the prisons who is found guilty of or pleads guilty to any criminal offence which in the opinion of the Commissioner is serious enough to warrant dismissal shall not, as from the time
8
00
CAP. 234]
Prisons
[1986 Ed.
Offences against discipline by Chief Officers, subordinate officers and
other persons employed in the prisons.
Interdiction where criminal proceedings are instituted against
an officer.
20C. (1) Whenever a Chief Officer or any subordinate officer or other person employed in the prisons is charged with a disci- plinary offence-
(a) the Commissioner may interdict him from duty; and
(b) the matter shall be investigated and the officer or person concerned dealt with in the appropriate manner provided in the rules made under section 25.
(2) Whenever an investigation is being undertaken into any conduct which may amount to the commission of a disciplinary offence by a Chief Officer or any subordinate officer or other person employed in the prisons, and the Commissioner considers that it is contrary to the public interest for the officer or person to continue to exercise the powers and functions of his office, the Commissioner may interdict him from duty but the officer or person 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 or person 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 or person do not result in any punishment of the officer or person, 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 inflicted the officer or person may be paid such proportion of the emoluments withheld as a result of his interdiction as the Commissioner may direct.
(Added, 35 of 1977, s. 4)
20D. (1) If criminal proceedings have been, or are likely to be, instituted against any officer of the Correctional Services Depart- ment or other person employed in the prisons, or an investigation is being undertaken into any conduct which may amount to the commission of a criminal offence by such officer or person, the officer or person may be interdicted from duty and thereafter paid emoluments as follows-
(a) if a Superintendent or officer of a higher rank, in accord- ance with Colonial Regulations and Regulations of the Hong Kong Government;
(b) if a Chief Officer or subordinate officer or other person employed in the prisons, in accordance with section 20C.
(2) A Chief Officer or subordinate officer or other person employed in the prisons who is found guilty of or pleads guilty to any criminal offence which in the opinion of the Commissioner is serious enough to warrant dismissal shall not, as from the time
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