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Disciplinary proceedings

Under our existing system, disciplinary proceedings are conducted in accordance with the principles of natural justice. Measures that are in place to guard against bias include the following:

  1. disciplinary cases are processed by staff other than the official superior of the accused officer;
  2. a statement of the alleged misconduct is put to the accused officer (who will be given an opportunity to give explanations) before consideration is given to invoking disciplinary action;
  3. before the accused officer is formally charged, legal advice is obtained to confirm that there is a prima facie case of misconduct;
  4. an independent inquiry committee/officer will be appointed to conduct a hearing and determine if the alleged misconduct is established, based on evidence presented at the hearing;
  5. materials and documents forming part of the proceedings are given to the accused officer before the hearing for preparation of his defence. He is given the right to be heard at the hearing;
  6. records of the hearing are prepared and, except in very straightforward cases, legal advice is sought to confirm that the hearing has been conducted fairly and properly before the case is taken further;
  7. if the accused officer is found guilty as charged, he will be informed of the range of punishments that may be imposed and invited to make representations in mitigation;
  8. where applicable, the advice of the Public Service Commission is sought on the recommended level of punishment before it is awarded; and
  9. if an officer feels aggrieved, he has a right to appeal to or petition the Chief Executive. He may also apply for judicial review.