On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 02/01/2011.
40.
—(1) The service offences specified in the Schedule are disciplinary offences.
(2) Subject to subsections (3), (4) and (5), where after having been given a reasonable opportunity to be heard in accordance with this Act and the Police Regulations, a police officer below the rank of inspector is found guilty of a disciplinary offence by a disciplinary officer who is a commanding officer, the disciplinary officer may order that such police officer be subject to any one of the following punishments:
(a)
dismissal or compulsory retirement from the Police Force;
(b)
reduction in rank, grade or seniority;
(c)
deferment or stoppage of increment;
(d)
stoppage of leave;
(e)
restriction of privileges;
(f)
extra duty;
(g)
reprimand;
(h)
caution.
(3) Subject to subsections (4) and (5), where a disciplinary officer, being an officer authorised by a commanding officer to conduct disciplinary proceedings, finds any police officer below the rank of inspector guilty of any disciplinary offence, the disciplinary officer may impose on the police officer concerned any one of the punishments specified in subsection (2)(b) to (h).
(4) A disciplinary officer may, in lieu of or in addition to any punishment specified in subsection (2), order —
(a)
the police officer concerned to pay a fine not exceeding $200; or
(b)
the forfeiture of not more than one month of the police officer’s salary.
(5) In addition to any punishment specified in subsection (2), a disciplinary officer may make the following orders where he finds any police officer below the rank of inspector guilty of the following disciplinary offences:
(a)
in the case of the disciplinary offence of absence without leave, an order of forfeiture of the police officer’s salary in respect of the period of absence or such lesser period as the commanding officer may consider fit; or
(b)
in the case of the disciplinary offence of wilful destruction or negligent loss of or injury to property belonging to the Government, an order for the police officer concerned to make good, either partially or wholly, the value of such property or the amount of such loss or damage.
(6) A police officer below the rank of inspector may appeal against any finding or punishment under this section to the Commissioner within 30 days from the date of such finding or punishment.
(7) In every case where an appeal has been made under subsection (6) against any punishment awarded, the punishment shall be suspended pending the determination of the appeal.
(8) The decision of the Commissioner on an appeal under subsection (6) shall be final.
(9) Where a police officer below the rank of inspector is ordered to be retired under subsection (2), his service shall, for the purposes of the Pensions Act (Cap. 225) or the Home Affairs Uniformed Services Superannuation Act (Cap. 126B), be deemed to have been terminated or retired in the public interest.
(10) The value or amount ordered to be made good by a police officer under subsection (5)(b) —
(a)
may be recovered by stoppage of his pay;
(b)
shall be recoverable as a debt due to the Government from that police officer; and
(c)
shall be payable to the Police Fund established under Part X.
[Police Force 1985 Ed., ss. 27 and 34]