Page:Public Service (Disciplinary) Regulation (Executive Order 2 of 1997).pdf/3

Rh (2) The investigating officer or investigating committee shall, on the completion of investigation, make a report to the Chief Executive, which shall contain—
 * (a) a record of the proceedings;
 * (b) such findings of fact as the investigating officer or investigating committee may consider relevant; and
 * (c) the opinion of the investigating officer or investigating committee as to whether to whether or not the facts amount to misconduct.

8. Hearings

(1) The investigating officer or the chairman of an investigating committee, carrying out an investigation for the purpose of section 9 or 10 of the Order shall, by written notice to the officer—
 * (a) require the officer to appear before the investigating officer or investigating committee at the time and place specified in the notice;
 * (b) require the officer to produce at the time and place specified in the notice any witnesses and other evidence whom or which he wishes to present in his defence; and
 * (c) inform the officer of the alleged misconduct in respect of which he is to be investigated.

(2) The officer, for the purpose of an investigation under section 9 or 10 of the Order, shall—
 * (a) be entitled to know the whole case against him;
 * (b) be afforded an adequate opportunity of making his defence, either orally or in writing, as he may prefer;
 * (c) be given an adequate opportunity to question any witnesses.

(3) The officer may be assisted in his defence by—
 * (a) another public servant, other than a legally qualified officer, who may be a representative member of a staff association represented on the Senior Civil Service Council; or
 * (b) such other person as the Chief Executive may authorize.

(4) The investigating officer or investigating committee may enquire into any matter and admit and take into account any evidence or information which the investigating officer or investigating committee considers relevant, and shall not be bound by any rules of evidence.

(5) The enquiries should not be conducted with undue formality and while there is no standard practice which would be applicable to every case, it is emphasised that the investigating officer or investigating committee is not exercising a legal function, but rather ascertaining the facts.