1964_PRISON_RULES — Page 60

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[Subsidiary]

Review. L.N. 154/77.

Appeals. L.N. 154/77.

CAP. 234]

Prison Rules

[1986 Ed.

(3) In referring a case under paragraph (2) the Commissioner shall send to the Governor-

(a) a copy of the record of the proceedings;

(b) the record of service of the officer or person concerned; and

(c) his recommendation with respect to punishment or other-

wise.

(4) The Governor may, after considering any representations made by the officer or person, award any one or more of the punishments he may award under rule 254(b) in respect of a disciplinary offence by an officer (other than an Assistant Officer) or other person employed in the prisons.

(5) In the case of an Assistant Officer, the Commissioner shall notify the officer that he may make representations in writing in mitigation of punishment within 14 days of receiving such notice and, after considering any such representations, may award any one or more of the punishments he may award under rule 255 in respect of a disciplinary offence by an Assistant Officer.

(6) In paragraph (1) "criminal proceedings" and "criminal offence" include respectively-

(a) criminal proceedings in, and

(b) a criminal offence against the law of,

any place outside Hong Kong.

(4) REVIEWS AND APPEALS

255C. (1) Where a Chief Officer, subordinate officer or other person employed in the prisons has been found guilty of a disci- plinary offence or has been punished under these rules by the Commissioner or another officer, the Commissioner may, of his own motion, within 14 days of the finding or the punishment (if it was awarded on a later day), review the finding or punishment or both, and within 14 days of the punishment he may review any punish- ment awarded following a plea of guilty to a disciplinary offence.

(2) Upon a review under this rule the Commissioner may exercise the powers in rule 255H(a) and (b) and, subject to rule 255J, may do any of the things described in rule 255F(a), (b), (c) or (d).

255D. A Chief Officer, subordinate officer or other person employed in the prisons (including one who has been dismissed) may appeal, in accordance with the following rules, against-

(a) a finding by the Commissioner or other officer that he is

guilty of a disciplinary offence;

(b) any punishment awarded by the Commissioner or other

officer, other than under rule 255F.

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