(1) 總監須向其他每名海關人員發給委任證,證上須有獲發給該證的 海關人員的姓名及照片,並須有經總監簽署的陳述,核證該人為隸屬香港 海關的海關人員,而該項證明乃該人隸屬香港海關的確證。
" (1) The Commissioner shall issue to every other member a warrant card bearing the name and photograph of the member to whom it is issued and a statement signed by the Commissioner certifying that such person is a member of the Customs and Excise Service, which certificate shall be conclusive evidence of the person's membership."
(2) 每名獲發給委任證的海關人員須隨身攜帶該證,並須在合理的切 實可行情況下,向任何對其行使或執行本條例或任何其他條例授予或委予 該海關人員的任何權力、職能或職責的權限提出質疑的人,出示該證以供 該人查閱。 (由1989年第66號第3條修訂)
" (2) Every member to whom a warrant card has been issued shall carry it on his person and, if reasonably practicable, produce it for inspection by any person who questions his authority to exercise or perform any power, function or duty conferred or imposed upon the member by this or any other Ordinance. (Amended 66 of 1989 s. 3)"
(1) 當其時有效的《退休金條例》(第89章)、《退休金利益條例》(第 99章)、《公務員敘用委員會條例》(第93章)、《殖民地規例》及香港規 例,除其內或本條例或根據本條例訂立的規例內另有規定外,均適用於所 有海關人員。 (由1997年第192號法律公告修訂)
" (1) The Pensions Ordinance (Cap 89), the Pension Benefits Ordinance (Cap 99), the Public Service Commission Ordinance (Cap 93), Colonial Regulations and Hong Kong Regulations for the time being in force save in so far as is otherwise provided therein or in this Ordinance or in any regulations made under this Ordinance, shall apply to all members."
(2) 除本條例另有規定外,海關人員的服務條件(包括任用、擢升、調 職、紀律及終止任用的條件),以及退休利益的批出,均須符合《公務員 敘用委員會條例》(第93章)、《殖民地規例》、香港規例、《退休金條例 》(第89章)及《退休金利益條例》(第99章)條文的規定。 (由1997年第 192號法律公告修訂)
" (2) Save as is otherwise provided in this Ordinance, the conditions of service of members, including conditions as to appointment, promotion, transfer, discipline and termination of appointment, and the grant of benefits upon retirement, shall be in accordance with the provisions of the Public Service Commission Ordinance (Cap 93), Colonial Regulations, Hong Kong Regulations, the Pensions Ordinance (Cap 89) and the Pension Benefits Ordinance (Cap 99)."
(3) 海關人員可按以下規定從香港海關中辭職─
(3) A member may resign from the Customs and Excise Service-
(a) 海關人員如以按月僱用條款受僱,可給予總監1個月的書面通知表 示其辭職意向;
" (a) if he is on month to month terms of employment, by giving 1 month's notice in writing to the Commissioner of his intention to resign;"
(b) 海關人員如以常額僱用條款受僱,可給予總監3個月的書面通知表 示其辭職意向;或
" (b) if he is on permanent terms of employment, by giving 3 months' notice in writing to the Commissioner of his intention to resign; or"
(c) 海關人員在總監事先同意下,可向政府繳付1個月的薪金以代替給 予通知。 (由1989年第66號第4條增補)
" (c) with the prior consent of the Commissioner, by paying to the Government 1 month's salary instead of giving notice. (Added 66 of 1989 s. 4)"
海關人員如犯違紀行為,可處革職,或按照由本條例或根據本條例訂 定的規定以其他方式處理。
Any member who commits a disciplinary offence shall be liable to be dismissed or otherwise dealt with as provided by or under this Ordinance.
凡有指稱海關高級人員犯了違紀行為的情況,或有正在對任何可構成 海關高級人員犯違紀行為的行為採取調查的情況─
Whenever it is alleged that a senior officer has committed a disciplinary offence or whenever an investigation is being undertaken into any conduct which may amount to the commission of a disciplinary offence by a senior officer-
(a) 《殖民地規例》及香港規例中關於停職及停職後薪酬支付的條文 即行適用;
(a) the provisions of Colonial Regulations and Hong Kong Regulations which relate to interdiction and the payment of emoluments thereafter shall apply;
(b) 該事項須予調查,而有關人員須按照該等規例就公職人員被指稱 行為不當而訂定的適當方式處理。
(b) the matter shall be investigated and the officer concerned dealt with in the appropriate manner provided for in those regulations for allegations of misconduct made against a public officer.
(a) 總監可停止其職務;
(a) the Commissioner may interdict him from duty;
(b) 該事項須予調查,而有關人員須按照在第16條下訂立的規則所訂 明的適當方式處理。
(b) the matter shall be investigated and the officer concerned dealt with in the appropriate manner prescribed by rules made under section 16.
(2) 凡有正在對任何可構成海關部屬人員犯違紀行為的行為採取調查 的情況,而總監並認為如有關人員繼續行使其職位的權力及職能,是有違 公眾利益的,則總監可停止其職務,但該人員在他被控以違紀行為之前仍 有權悉數支取他假若沒有被停職時本會獲發給的薪酬。
" (2) Whenever an investigation is being undertaken into any conduct which may amount to the commission of a disciplinary offence by a subordinate officer and the Commissioner considers that it is contrary to the public interest for the officer to continue to exercise the powers and functions of his office, the Commissioner may interdict him from duty but the officer shall be entitled, until such time as he is charged with a disciplinary offence to the full amount of the emoluments which he would have received if he had not been interdicted."
(3) 根據第(1)款被停職的人員,以及根據第(2)款被停職並被控以違 紀行為的人員,均須獲發給符合總監指示而不少於其職位薪酬一半的部分 薪酬。
" (3) An officer interdicted under subsection (1), and an officer interdicted under subsection (2) who is charged with a disciplinary offence, shall receive such proportion of the emoluments of his office, not being less than one-half, as the Commissioner may direct."
(4) 如對上述人員進行的紀律處分程序沒有導致施加任何懲罰,則該 人員有權悉數支取他假若沒有被停職時本會獲發給的薪酬。
" (4) If the proceedings against such officer do not result in the imposition of any punishment, he shall be entitled to the full amount of the emoluments which he would have received if he had not been interdicted."
(5) 如對上述人員施加革職以外的懲罰,則該人員可獲付因其被停職 而被扣的薪酬中的部分薪酬;凡有關懲罰由總督所施加,有關部分的比率 由總督指示規定,而在其他所有情況下,有關部分的比率則由總監指示規 定。
" (5) If a punishment other than dismissal is imposed the officer may be paid such proportion of the emoluments withheld as a result of his interdiction as the Governor may direct, where the punishment is imposed by the Governor or, as the Commissioner may direct, in every other case."
(6) 根據第(1)或(2)款被停職的人員,沒有總監的准許,不可在停職 期內離開香港。
" (6) An officer interdicted under subsection (1) or (2) may not, without the permission of the Commissioner, leave Hong Kong while under interdiction."
(1) 如已經或相當可能會對任何海關人員提起刑事法律程序,或正在 對任何可構成海關人員犯刑事罪行的行為採取調查,則有關的海關人員可 按以下規定被停止職務和獲付薪酬─
" (1) If criminal proceedings have been, or are likely to be, instituted against any member or an investigation is being undertaken into any conduct which may amount to the commission of a criminal offence by a member, he may be interdicted from duty and paid emoluments as follows-"
(2) 如任何海關部屬人員被裁斷犯任何刑事罪行或承認犯任何刑事罪 行,而總監認為該刑事罪行的性質嚴重,足以成為將該人員革職的理由, 則該人員自其如上所述被裁斷犯罪或承認犯罪當時起計,不得獲付其職位 的任何薪酬,以待按照在第16條下訂立的規則對該案予以考慮。
" (2) A subordinate officer who is found guilty of or pleads guilty to any criminal offence which in the opinion of the Commissioner is serious enough to warrant his dismissal shall not, as from that time when he is found or pleads guilty as aforesaid, be paid any emoluments of his office pending the consideration of the case in accordance with rules made under section 16."
(1) 如任何海關人員在任何法庭席前進行的刑事法律程序中被裁斷犯 任何刑事罪行或承認犯任何刑事罪行,而就該等法律程序提出的任何上訴 或其他覆核申請被駁回、放棄或撤回,則可按以下規定將有關的海關人員 處罰─
" (1) If in criminal proceedings before any court a member is found guilty of or pleads guilty to any criminal offence and any appeal or other application for review of those proceedings is dismissed or abandoned or withdrawn, the member concerned may be punished-"
(b) 如屬海關部屬人員,則按照在第16條下訂立的規則所訂明的適當 方式。
" (b) if a subordinate officer, in the appropriate manner prescribed by rules made under section 16."
(b) 違反香港以外任何地方的法律的刑事罪行。
" (b) a criminal offence against the law of,any place outside Hong Kong."