Cap 433 s 4 Suspension of officer (JUDICIAL OFFICERS (TENURE OF OFFICE) ORDINANCE)

Contents of Section

Chapter:	433	Title:	JUDICIAL OFFICERS (TENURE OF OFFICE) ORDINANCE	Gazette Number:	26 of 1999
Section:	4	Heading:	Suspension of officer	Version Date:	01/07/1997

Remarks:

Adaptation amendments retroactively made - see 26 of 1999 s. 3

(1) The Chief Justice may suspend an officer from the exercise of the powers and functions of his office if-

(a) the Chief Justice notifies the officer under section 3(1) or appoints a tribunal under section 3(2);

(b) criminal proceedings have been or, in the Chief Justice's opinion, are likely to be instituted against the officer; or

(c) investigation of the officer's conduct is being undertaken and the Chief Justice considers it is contrary to the public interest for him to continue to exercise the powers and functions of his office.

(2) During the period of an officer's suspension under-

(a) subsection (1)(a) the officer is entitled to not less than 50% of the emoluments of his office, as determined by the Chief Justice;

(b) subsection (1)(b) the officer is entitled to not less than 50% of the emoluments of his office, as determined by the Chief Justice; but he is entitled to no further emoluments if he is convicted, pending a decision by the Chief Executive under section 9; and (Amended 26 of 1999 s. 3)

(3) If proceedings against an officer do not result in an action being taken under section 9, the officer is entitled to all of the emoluments that he would have been entitled to if he had not been suspended.
(4) If an action under section 9 other than dismissal is taken, the officer is entitled to all or a portion, as determined by the Chief Justice, of the emoluments that he would have been entitled to if he had not been suspended.

(Enacted 1993)