1964_PRISON_RULES — Page 58

HK Historical Laws 香港歷史法例 All AI Reviewed

A 58

CAP. 234]

[Subsidiary]

Procedure when case referred to Governor. L.N. 154/77.

Punishment awarded to be entered in record of service. L.N. 154/77.

Procedure where Commissioner has delegated his powers. L.N. 154/77.

Punishment of officers (other than Assistant Officers) and other persons. L.N. 154/77.

Prison Rules [1986 Ed.

251. Upon reference to him of a case and after consideration of any representations made by the officer or person concerned, the Governor may—

(a) if he is of opinion that the charge has not been proved,

either-

(i) dismiss it; or

(ii) order further investigation by the Commissioner, or a fresh investigation in such manner and by such person or persons as he thinks fit;

(b) if he is of opinion that the charge is proved, or if, after any further or fresh investigation ordered under paragraph (a), he is of such opinion, award a punishment within his powers.

252. Every punishment awarded shall be entered in the service record of the officer or person so punished.

253. Where, pursuant to section 24(2) of the Ordinance, the Commissioner has delegated the powers and duties conferred or imposed on him by this part to another officer, references in rules 249, 250 and 251—

(a) to the Commissioner, shall be read as if they were references to that other officer; and

(b) to the Governor, shall be read as if they were references to the Commissioner,

but any case referred to the Commissioner by another officer pursuant to rule 249(b) (as modified by this rule) may be referred to the Governor by the Commissioner in accordance with rules 250 and 251.

254. A Chief Officer, subordinate officer (other than an Assistant Officer) or other person employed in the prisons who is found guilty of or pleads guilty to a disciplinary offence may be punished by the award of any one or more of the following punishments—

(a) by the Commissioner—

(i) reduction in rank;

(ii) stoppage or deferment of increment;

(iii) where the offence is against rule 239(k)(i), forfeiture of pay (excluding allowances) for a period not exceeding one month or the period of absence, whichever is the greater;

(iv) a fine not exceeding one month's salary (excluding allowances);

(v) severe reprimand;

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A 58 CAP. 234] [Subsidiary] Procedure when case referred to Governor. L.N. 154/77. Punishment awarded to be entered in record of service. L.N. 154/77. Procedure where Commissioner has delegated his powers. L.N. 154/77. Punishment of officers (other than Assistant Officers) and other persons. L.N. 154/77. Prison Rules [1986 Ed. 251. Upon reference to him of a case and after consideration of any representations made by the officer or person concerned, the Governor may— (a) if he is of opinion that the charge has not been proved, either- (i) dismiss it; or (ii) order further investigation by the Commissioner, or a fresh investigation in such manner and by such person or persons as he thinks fit; (b) if he is of opinion that the charge is proved, or if, after any further or fresh investigation ordered under paragraph (a), he is of such opinion, award a punishment within his powers. 252. Every punishment awarded shall be entered in the service record of the officer or person so punished. 253. Where, pursuant to section 24(2) of the Ordinance, the Commissioner has delegated the powers and duties conferred or imposed on him by this part to another officer, references in rules 249, 250 and 251— (a) to the Commissioner, shall be read as if they were references to that other officer; and (b) to the Governor, shall be read as if they were references to the Commissioner, but any case referred to the Commissioner by another officer pursuant to rule 249(b) (as modified by this rule) may be referred to the Governor by the Commissioner in accordance with rules 250 and 251. 254. A Chief Officer, subordinate officer (other than an Assistant Officer) or other person employed in the prisons who is found guilty of or pleads guilty to a disciplinary offence may be punished by the award of any one or more of the following punishments— (a) by the Commissioner— (i) reduction in rank; (ii) stoppage or deferment of increment; (iii) where the offence is against rule 239(k)(i), forfeiture of pay (excluding allowances) for a period not exceeding one month or the period of absence, whichever is the greater; (iv) a fine not exceeding one month's salary (excluding allowances); (v) severe reprimand;
Baseline (Original)
A 58 CAP. 234] [Subsidiary] Procedure when case referred to Governor. L.N. 154/77. Punishment awarded to be entered in record of service. L.N. 154/77. Procedure where Commis- sioner has delegated his powers. L.N. 154/77. Punishment of officers (other than Assistant Officers) and other persons. L.N. 154/77. Prison Rules [1986 Ed. 251. Upon reference to him of a case and after consideration of any representations made by the officer or person concerned, the Governor may— (a) if he is of opinion that the charge has not been proved, either- (i) dismiss it; or (ii) order further investigation by the Commissioner, or a fresh investigation in such manner and by such person or persons as he thinks fit; (b) if he is of opinion that the charge is proved, or if, after any further or fresh investigation ordered under paragraph (a), he is of such opinion, award a punishment within his powers. 252. Every punishment awarded shall be entered in the service record of the officer or person so punished. 253. Where, pursuant to section 24(2) of the Ordinance, the Commissioner has delegated the powers and duties conferred or imposed on him by this part to another officer, references in rules 249, 250 and 251- (a) to the Commissioner, shall be read as if they were refer- ences to that other officer; and (b) to the Governor, shall be read as if they were references to the Commissioner, but any case referred to the Commissioner by another officer pur- suant to rule 249(b) (as modified by this rule) may be referred to the Governor by the Commissioner in accordance with rules 250 and 251. 254. A Chief Officer, subordinate officer (other than an Assistant Officer) or other person employed in the prisons who is found guilty of or pleads guilty to a disciplinary offence may be punished by the award of any one or more of the following punishments- (a) by the Commissioner- (i) reduction in rank; (ii) stoppage or deferment of increment; (iii) where the offence is against rule 239(k)(i), for- feiture of pay (excluding allowances) for a period not exceeding one month or the period of absence, whichever is the greater; (iv) a fine not exceeding one month's salary (excluding allowances); (v) severe reprimand; !
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A 58

CAP. 234]

[Subsidiary]

Procedure

when case

referred to Governor. L.N. 154/77.

Punishment awarded to

be entered

in record

of service.

L.N. 154/77.

Procedure where Commis- sioner has delegated his powers. L.N. 154/77.

Punishment of officers (other than Assistant Officers) and other persons. L.N. 154/77.

Prison Rules

[1986 Ed.

251. Upon reference to him of a case and after consideration of any representations made by the officer or person concerned, the Governor may—

(a) if he is of opinion that the charge has not been proved,

either-

(i) dismiss it; or

(ii) order further investigation by the Commissioner, or a fresh investigation in such manner and by such person or persons as he thinks fit;

(b) if he is of opinion that the charge is proved, or if, after any further or fresh investigation ordered under paragraph (a), he is of such opinion, award a punishment within his

powers.

252. Every punishment awarded shall be entered in the service record of the officer or person so punished.

253. Where, pursuant to section 24(2) of the Ordinance, the Commissioner has delegated the powers and duties conferred or imposed on him by this part to another officer, references in rules 249, 250 and 251-

(a) to the Commissioner, shall be read as if they were refer-

ences to that other officer; and

(b) to the Governor, shall be read as if they were references to

the Commissioner,

but any case referred to the Commissioner by another officer pur- suant to rule 249(b) (as modified by this rule) may be referred to the Governor by the Commissioner in accordance with rules 250 and 251.

254. A Chief Officer, subordinate officer (other than an Assistant Officer) or other person employed in the prisons who is found guilty of or pleads guilty to a disciplinary offence may be punished by the award of any one or more of the following punishments-

(a) by the Commissioner-

(i) reduction in rank;

(ii) stoppage or deferment of increment;

(iii) where the offence is against rule 239(k)(i), for- feiture of pay (excluding allowances) for a period not exceeding one month or the period of absence, whichever is the greater;

(iv) a fine not exceeding one month's salary (excluding allowances);

(v) severe reprimand;

!

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