1964_PRISON_RULES — Page 61

1986 Ed.]

Prison Rules

[CAP. 234

255E. (1) The appeal shall lie-

(a) to the Governor, in respect of a finding made or a

punishment awarded by the Commissioner; and

(b) to the Commissioner in any other case.

(2) The Governor may delegate to the Secretary for the Civil Service, or to a public officer not below the rank of Secretary, the determination of an appeal referred to in paragraph (1)(a).

255F. Upon an appeal, the Governor or the Commissioner, as the case may be, may-

(a) confirm or reverse the finding;

(b) confirm the punishment;

(c) subject to rule 255J, 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 punish- ment 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 within his powers.

255G. An appeal shall be made in writing within 14 days from the day on which the officer or person is informed that he has been found guilty of a disciplinary offence or from the day on which any punishment is awarded.

255H. For the purpose of any appeal against a finding, the Governor may-

(a) accept in whole or in part the record of the evidence

already taken;

(b) direct that the whole or any part of the evidence be taken

again or that additional evidence be taken,

and the Commissioner may, where the appeal lies to him, do any of those things and may also himself take the evidence or part thereof again or take the additional evidence.

2551. In the event of an appeal, any punishment (other than a severe reprimand or reprimand) awarded an officer or person shall be suspended until the appeal is disposed of or abandoned or withdrawn.

255J. Neither the Governor nor the Commissioner shall award a greater punishment under rule 255C(2) or 255F without first allow- ing the officer or person a reasonable opportunity to be heard or to make representations in writing as to why the punishment should not be increased.

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[Subsidiary]

To whom appeal lies. L.N. 154/77.

Powers of the Governor and Commissioner on appeal. L.N. 154/77.

Appeal to be made within 14 days. L.N. 154/77.

Further evidence may be admitted. L.N. 154/77.

Suspension of punishment pending appeal. L.N. 154/77.

Greater punish- ment not to be imposed without opportunity of hearing. L.N. 154/77.