PART B
Investigations under section 10 of the Order
I
Preliminary
1. The officer alleged to have been guilty of misconduct ("the officer") shall be given—
- (a) a copy of Part B of this Schedule; and
- (b) a copy of any document which it is proposed to put in evidence to support the charge.
2.No document shall be put in evidence against the officer unless a copy thereof has been given to him or he has had access thereto.
II
Procedure
The following procedure shall be followed—
3. The investigating committee assembles and records—
- (a) the attendance of any officer appointed by the Secretary to assist the investigating committee (“the assisting officer”);
- (b) the attendance of—
- (i) a public servant who is not a legally qualified officer; or
- (ii) other person authorized by the Chief Executive,
to assist the officer in his defence (“the friend of the officer”).
4. The Chairman of the investigating committee ("the Chairman") reads the charge.
5. The officer is informed—
- (a) that he may admit or deny the whole or part of any charge;
- (b) that he or the friend of the officer will have an opportunity of questioning any witness;
- (c) that he may make an oral or written statement and call witnesses;
- (d) that he or the friend of the officer will have an opportunity to address the investigating committee orally or in writing at the end of the proceedings.
6. Without prejudice to the power of the investigating committee to ask questions at any time during the investigation, the Chairman may, after the officer has been informed of the matters referred to in paragraph 5, ask the officer whether he admits particular facts (for example, that he was a public servant at the material time, that photographs or other documents are accurate). Any such admission shall be recorded by the Chairman.
7. The witnesses against the officer are called by the assisting officer and they are questioned by the assisting officer and the officer or the friend of the officer, and further questioned by the assisting officer.
8. The evidence of any witness may, at the discretion of the Chairman, be taken by showing the witness a statement made by him, asking him whether it is correct and whether he wishes to alter any part of it or add to it. The statement shall then be admitted in evidence and any corrections noted on it by the Chairman. The witness may then be questioned by the officer or the friend of the officer, and thereafter further questioned by the assisting officer.
