Hong Kong Regulations

GOVERNMENT FLYING SERVICE (DISCIPLINE) REGULATION - SECT 3

Saving of Public Service (Administration) Order, etc. on interdiction, etc.

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 71 of 1999 s. 3

(1) If a Senior Officer is alleged to have committed a disciplinary offence or
a criminal offence or the conduct of a Senior Officer is being investigated in
circumstances that a disciplinary offence or a criminal  offence may have been
committed, the interdiction and payment of emoluments provisions of the Public
Service (Administration) Order and government regulations apply to the Senior
Officer and the matter shall be dealt with under that Order and those
regulations for allegations of misconduct against a public officer. (71 of
1999 s. 3)

(2) If an Officer is alleged to have committed a disciplinary offence or a
criminal offence or the conduct of an Officer is being investigated in
circumstances that a disciplinary offence or a criminal  offence may have been
committed-

   (a)  the Controller may interdict him from duty on full emoluments;

   (b)  the matter shall be dealt with under this Regulation.

(3) If an Officer is charged with a disciplinary offence or a
criminal offence, the Controller may interdict him from duty on a proportion
of the emoluments to which he would otherwise be entitled being not less than
one-half.

(4) If an Officer is not punished as a result of disciplinary proceedings and
he has been interdicted on less than his full emoluments, he shall be paid the
amount withheld on the disciplinary tribunal making its finding.

(5) If an Officer is punished other than by dismissal as a result of
disciplinary proceedings and he has been interdicted on less than his full
emoluments, he shall be paid such proportion of the amount withheld as the
Secretary directs, or where the Controller imposes a penalty, as the
Controller directs.

(6) If an Officer is found guilty of or pleads guilty to a criminal  offence
which is in the opinion of the Controller serious enough to warrant the
dismissal of the Officer, the Officer shall not be paid any emoluments from
the time he is found or pleads guilty until his case is determined under
section 5. (L.N. 119 of 1993)

(7) An Officer who is interdicted may not leave Hong Kong without the
permission of the Controller.

(8) Nothing in this Regulation shall preclude-

   (a)  the summary dismissal of a member under the Public Service
        (Administration) Order and government regulations;

   (b)  the termination of the employment of a member under the Public Service
        (Administration) Order and government regulations on the grounds that,
        having regard to the conditions of the public service, the usefulness
        of the member and the circumstances of the case, termination is
        desirable in the public interest. (71 of 1999 s. 3) (Enacted 1993)