Page:Public Service (Disciplinary) Regulation (Executive Order 2 of 1997).pdf/11

Rh 9. At the conclusion of the evidence in support of the charge, the officer is asked by the Chairman if he wishes to make an oral or written statement in his defence. Any oral statement so made shall be recorded by the Chairman. The officer may then be questioned by the assisting officer.

10. The witnesses for the officer are called by the officer and they are questioned by the officer or the friend of the officer and the assisting officer, and further questioned by the officer or the friend of the officer.

11. At the conclusion of the evidence—
 * (a) the assisting officer may address the investigating committee if the investigating committee so requests; and
 * (b) the officer or the friend of the officer shall have the right to address the investigating committee orally or in writing.

12. Thereafter the investigating committee prepares the report to be submitted to the Chief Executive. The report is signed by the Chairman and each member of the investigating committee. If there is a difference of opinion, the Chairman and each member shall furnish separate reports. The investigating committee may add to its report or reports recommendations regarding departmental procedures if it considers such recommendations to be warranted. III Miscellaneous 13. The evidence of witnesses shall not be taken on oath.

14. It is the function of the investigating committee to examine the charge and all the circumstances surrounding it thoroughly. For this purpose the Chairman and the member of the investigating committee shall put such questions as they may think fit to the officer, any witness or the assisting officer.

15. The investigating committee may—
 * (a) call such witnesses; and
 * (b) require the production of such documents,

as it thinks fit.

16. The investigating committee shall make a record of the proceedings and include it as part of the report or reports which it is required to submit to the Chief Executive under this Regulation.

17. The investigating committee shall ensure that any evidence given in a language which the officer does not understand is interpreted to him. The investigating committee may record evidence in the language in which it is given or may record it in English or Chinese and shall certify it to be correct.

18. If during the investigation further grounds of misconduct are disclosed, the investigating committee shall adjourn the proceedings and refer them to the Chief Executive. If the Chief Executive decides that an investigation into these grounds shall be carried out by the investigating committee, the officer shall be furnished with a written statement of the grounds and the procedure outlined in the foregoing paragraphs shall apply with such modifications as are necessary.

19. The investigating committee may—
 * (a) on its own motion; or
 * (b) at the request of the officer if the investigating committee considers it reasonable,

adjourn the investigation for such period as it thinks fit.

20. The report or reports of the investigating committee shall be sent by the Chairman to the Secretary who shall arrange for a copy of the report or reports to be sent to the officer.