Page:Public Service (Disciplinary) Regulation (Executive Order 2 of 1997).pdf/9

Rh 9. At the conclusion of the evidence in support of the charge, the officer is asked by the investigating officer if he wishes to make an oral or written statement in his defence. Any oral statement so made shall be recorded by the investigating officer. 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 officer if the investigating officer so requests; and
 * (b) the officer or the friend of the officer shall have the right to address the investigating officer orally or in writing.

12. Thereafter the investigating officer prepares the report to be submitted to the Chief Executive. The investigating officer may add to his report recommendations regarding departmental procedures if he 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 officer to examine the charge and all the circumstances surrounding it thoroughly. For this purpose the investigating officer shall put such questions as he may think fit to the officer, any witness or the assisting officer.

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

as he thinks fit.

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

17. The investigating officer shall ensure that any evidence given in a language which the officer does not understand is interpreted to him. The investigating officer 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 officer 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 officer, 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 officer may—
 * (a) on his own motion; or
 * (b) at the request of the officer if the investigating officer considers it reasonable,

adjourn the investigation for such period as he thinks fit.

20. The report of the investigating officer shall be sent to the Secretary who shall arrange for a copy of the report to be sent to the officer.