|4.—(1) If it is represented to the Authority by the chief executive officer that an officer has been guilty of misconduct or neglect of duty and the Authority is of the opinion that the subject of the complaint warrants proceedings with a view to dismissal or reduction in rank, the Authority may cause proceedings to be taken under this regulation.|
|(2) The officer shall be notified in writing by the chief executive officer of the grounds, which shall be reduced to the form of a definite charge or charges, upon which it is intended to dismiss him or to reduce his rank and he shall be given not less than 7 working days within which to exculpate himself in writing. The officer shall also be informed in writing of any other circumstances which it is proposed to take into consideration.|
|(3) If the officer submits an exculpatory statement which is not satisfactory, the Authority shall appoint a Committee of Inquiry to inquire into the matter and to submit a report to the Authority.|
|(4) The Committee in the performance of its functions shall not be deemed to be a judicial or quasi-judicial body.|
|(5) (a) The Committee shall consist of 3 members at least one of whom shall not be an officer of the Authority.|
(b)The members of the Committee shall be chosen from a panel of persons appointed by the Authority.
(c)Every member of the panel shall normally be appointed for a period of 3 years and shall be eligible for reappointment at the expiry of the period of appointment.
(d)Each member of the panel chosen to be a member of the Committee shall be notified of his appointment by the chief executive officer.
|(6) (a) Where paragraph (3) applies, the officer shall be informed of the date on which the Committee will commence its inquiry and the officer shall attend such inquiry and shall be permitted —|
|(i)||to cross-examine the witnesses;|
|(ii)||to give evidence on his own behalf;|
|(iii)||to have such witnesses as he may wish called on his behalf; and|
|(iv)||to have access to information contained in any documents at a reasonable time before the documents are tendered in evidence.|
(b)The record of the proceedings of the Committee shall consist of the information obtained by the Committee and a report by the Committee. The information shall not ordinarily be set out in the form of question and answer but in the form of a narrative but the Committee may in its discretion record any particular question and answer.
(c)At the inquiry, evidence on behalf of the Authority shall be presented by an officer of the Authority or an advocate and solicitor nominated by the chief executive officer. The officer under inquiry may be represented by an advocate and solicitor or by another officer of the Authority nominated by the officer.
|(7) The Committee shall not be bound to act in a formal manner and shall not be bound by the provisions of the Evidence Act [Cap. 97] or by any other law relating to evidence but may inform itself on any matter in such manner as it thinks fit. |
|(8) The Committee shall proceed with its inquiry from day to day and no adjournment shall be given except for reasons to be recorded in writing. Every adjournment, with reasons therefor, shall be reported forthwith to the chief executive officer and the Authority. No adjournment shall be given for more than 14 days without the permission of the Authority.|
|(9) The Committee may in its discretion conduct proceedings under these Regulations notwithstanding the absence of one of its members, and the validity of such proceedings shall not be challenged on this ground.|
|(10) If the Committee is satisfied that the officer under inquiry is hampering or attempting to hamper the progress of the inquiry, it shall administer a warning to the officer. If after such warning the Committee is satisfied that the officer is acting in disregard of the warning, it shall make an entry in the record to that effect and shall proceed to complete the inquiry in such manner as it thinks fit.|
|(11) The Committee shall, within 14 working days of the conclusion of the proceedings or such further time as the Authority may allow, submit its report to the Authority through the chief executive officer.|