(6) If an officer under investigation fails to attend as required by a notice issued under subsection (1), and at such other subsequent times and places as the investigating officer or investigating committee may require, orally or in writing, the investigation may continue in his absence and the provisions of subsection (2) shall be deemed to have been complied with.
(7) In this section, “Senior Civil Service Council” (高級公務員評議會) means the central consultative forum consisting of representatives from the Administration and representatives from staff associations namely the Hong Kong Chinese Civil Servants’ Association, the Senior Non-Expatriate Officers Association and the Association of Expatriate Civil Servants of Hong Kong.
9. Reference back
The Chief Executive may, after considering a report submitted by an investigating officer or investigating committee, without prejudice to his power to inflict punishment under section 9 or 10 of the Order—
- (a) require the investigating officer or investigating committee to make such further investigation as the Chief Executive may order; or
- (b) require the investigating officer or investigating committee to answer such questions or ascertain such facts as the Chief Executive may require.
10. Change of proceedings from section 9 to section 10 of the Order
If during or after an investigation for the purpose of section 9 of the Order, the Chief Executive considers that proceedings should be taken under section 10 of the Order, the Chief Executive may direct that the investigation under section 9 of the Order should be discontinued and that proceedings under section 10 of the Order should be instituted.
PART III
Category B and other Officers
11. Disciplinary procedures applicable to Category B Officers
(1) This Part applies to Category B Officers only.
(2) Sections 12 to 14, in addition to applying to Category B Officers also apply to other public servants.
