||Title:||POLICE FORCE ORDINANCE||Gazette Number:||L.N. 9 of 2010|
|Section:||31||Heading:||Summary dismissal||Version Date:||31/03/2010|
(1) Notwithstanding any provision of this Ordinance and any other law, provision of Public Service (Administration) Order or government regulations to the contrary, and without prejudice to section 38, the Commissioner may summarily dismiss any police officer whom he is satisfied is guilty of contravening police regulations, or any police orders whether given verbally or in writing. (Amended 12 of 1982 s. 7)
(2) The Chief Executive may, if he thinks fit in any particular case, declare that- (Amended 6 of 2009 s. 6)
(a) a police officer dismissed under subsection (1) is-
(i) for the purposes only of the Pensions Ordinance (Cap 89), deemed to have retired from the public service in accordance with section 6(1)(d) of that Ordinance; or
(b) the provident fund benefits of a police officer dismissed under subsection (1) are to be vested in that officer. (Amended 36 of 1987 s. 45; 6 of 2009 s. 6)
(ii) for the purposes only of the Pension Benefits Ordinance (Cap 99), deemed to have retired from the public service in accordance with section 11(1)(g) of that Ordinance; or
(Added 63 of 1977 s. 2. Amended 76 of 1999 s. 3)_________________________________________________________________________________________
This section was amended by section 6 of the Disciplined Services Legislation (Miscellaneous Amendments) Ordinance 2009 (6 of 2009). The transitional provisions contained in section 30 of that Amendment Ordinance read as follows-
"30. Transitional provisions
(1) If, after the commencement* of Parts 2 and 4, any public officer who is found guilty of or pleads guilty to any misconduct or offence for which that officer is punishable under any enactment amended by this Ordinance, that officer is to be punished in accordance with that enactment as amended by this Ordinance even though the misconduct or offence was committed before the commencement.
(2) If, after the commencement of Part 5, a court in criminal proceedings finds that a charge against any police officer in respect of a criminal offence has been proved, pay and allowance may cease to be payable to that officer in accordance with section 37(4) of the Police Force Ordinance (Cap 232) as amended by this Ordinance even though the criminal offence was committed before the commencement.".
* Commencement date: 31 March 2010.