CUSTOMS AND EXCISE SERVICE (DISCIPLINE) RULES

CUSTOMS AND EXCISE SERVICE (DISCIPLINE) RULES

EXCISE SERVICE (DISCIPLINE) RULES

ARRANGEMENT OF RULES

Rule Page
PART I

PRELIMINARY

1. Citation ............................B3
2. Interpretation ......................B 3

PART II

DISCIPLINARY
OFFENCES

3. Disciplinary offences ...............B 3

PART III

PROCEDURE

4. Preliminary procedure ...............B 4
4A. Admonishment procedure if offence admitted B 4
5. Charging and plea ...................B 5
6 Representation .......................B 5
7. Documents to be supplied to accused .B 5

8. Procedure .. .......................B 6

9. Adding or amending charges ..........B 7

PART IV

PUNISHMENT

10. Proceedings after hearing of charge B7
11. Reference of case to Governor ......B7
12. Procedure when case referred to Governor B 8
13. Punishment imposed to be entered in record of service B 8
14. Procedure where Commissioner has delegated his powers B 8
15. Punishment of inspectors for disciplinary offence B 9
16. Punishment of customs officers for disciplinary ofrence B 9
17. Order for payment for damage, etc. to equipment, etc . B 9
18. Punishment where criminal ofrence is committed B 9
18A. Summary dismissal of subordinate officer for absence from duty B 10





Rule Page
PART V
REVIEWS AND APPEALS

19. Review .............................B11

20. Appeals
............................................................................................... B11

21. To whom appeal lies ................B11
22. Powers of the Governor and Commissioner on appeal B13
23. Appeal to be made within 14 days ...B 12
24. Further evidence may be admitted ...B 12
25. Suspension of punishment pending appeal B 12
26. Greater punishment not to be imposed without opportunity to make
representations ........................B 12





CUSTOMS AND EXCISE SERVICE (DISCIPLINE) RULES
(Cap. 342, section 16)
[1 August 1977]

L.N. 174 of 1977 - L.N. 42 of 1986, R. Ed. 1986, L.N. 118 of
1989

PART I

PRELIMINARY

1. Citation

These rules may be cited as the Customs and Excise Service (Discipline)

Rules.

2. Interpretation

In these rules, unless the context otherwise requires

'Commissioner' in rules 14, 18(2) and (3), 18A, 19, 20, 21(1)(b), 22, 24 and 26 does
not include any other senior officer, but elsewhere in these rules includes any
other senior officer to the extent that he may exercise and perform the powers,
functions and duties of the Commissioner pursuant to section 7 of the
Ordinance; (L.N. 42 of 1986)

'inspector' means a member holding any office in Part III of Schedule 1 to the
Ordinance.

PART II

DISCIPLINARY OFFENCES

3. Disciplinary Offences

A member commits a disciplinary offence who-

(a) is absent from duty without leave or good cause;

(b) sleeps on duty without permission from a superior officer;

(c)fails to report immediately to a superior officer any suspected breach
of discipline by another member;

(d)fails to report immediately to a superior officer or a police officer any
offence which he suspects has been committed against an Ordinance
specified in Schedule 2 to the Ordinance;





(e)neglects or refuses to obey any lawful order given by a superior
officer whether orally or in writing, including any Standing Order
made under section 20 of the Ordinance;

is unfit for duty by reason of alcoholic drink or of drugs taken
otherwise than under medical direction;

(g) neglects or without good and sufficient cause fails to do promptly
and diligently anything which it,, is his duty to do;

(h)with intent to deceive, destroys, mutilates, falsifies or conceals a
document connected with his duty;

(i)with intent to deceive, makes a statement in the course of duty which
is false in a material particular;

(j)in purported exercise of authority, does or omits to do any act
otherwise than in accordance with law;

(k)wilfully or negligently damages or destroys or negligently loses any
Government or other property with which he has been provided or
entrusted;

(l) by his conduct brings the public service into disrepute;

(m)by his conduct prejudices the good order and discipline of the
Customs and Excise Service.

PART III

PROCEDURE

4. Preliminary procedure

If the Commissioner believes that a subordinate officer may have committed a
disciplinary offence he shall inform the officer of the circumstances giving rise to his
belief and invite the officer to submit an explanation in writing within a specified
period not exceeding 7 days.

4A. Admonishment procedure if offence admitted

(1) Where the Commissioner under rule 4 also informs the officer that if he
admits the disciplinary offence he may be admonished, and the officer does admit
the offence, the Commissioner shall not prefer a charge under rule 5 and he may in
writing admonish the officer.

(2) Even if the Commissioner does not so inform the officer under subrule (1),
and the officer admits the disciplinary offence, the Commissioner may in writing
admonish the officer instead of preferring a charge under rule 5.

(L.N. 118 of 1989)





5. Charging and plea

(1) If, after the expiration of the period referred to in rule 4, the Commissioner
considers there is a prima facie case of a disciplinary offence against the officer he
shall, unless he has admonished the officer under rule

4A- (L.N. 118 of 1989)
(a)prefer against him such charge or charges, relevant to the
circumstances referred to in rule 4, as he thinks fit; and
(b)either state that he will hear and determine the proceedings
himself or appoint another senior officer to hear and determine
the proceedings.

(2) A charge shall be in writing and shall be served on the officer together with
a notice

(a)naming the senior officer who will hear and determine the
proceedings;

(b)stating the place and time at which the charge will be dealt with, being
a time not earlier than 7 days from the date of service of such notice;

(c)requiring the officer, in respect of each charge, to notify the senior
officer referred to in paragraph (a), in writing within 5 days of such
service whether he pleads guilty or not guilty;

(d)advising him that if he pleads guilty he may make submissions in
writing in mitigation of punishment.

6. Representation

(1) The Commissioner shall appoint a member not below the rank of the officer
charged as a prosecutor and the officer charged shall have the right to be
represented by a subordinate officer of his choice who may conduct his defence on
his behalf. (L.N. 118 of 1989)

(2) The officer charged shall not be entitled to be represented by counsel or a
solicitor.

7. Documents to he supplied to accused

An officer charged with a disciplinary offence shall, as soon as possible,
be supplied with copies

(a) of any written statement made by him under rule 4;

(b)of the report, allegation or complaint on which the charge is founded
(or so much thereof as relates to him) and of any report thereon
notwithstanding that they may be confidential;

(c)of any statement relating to the charge made by any witness to be
called in support of the charge, and the witness's name and address;
and





(d)of any statement relating to the charge made by any person,
other than a witness to be called in support of the charge, to the
Commissioner or to any person on his behalf, and the person's
name and address.

8. Procedure

(1) The officer charged shall attend at the place of hearing at the time of
which notice has been given.
(2) The charge shall be read to the officer charged who may change his
plea.
(3) If the officer charged pleads guilty such plea shall be entered on the
record and he shall be asked if he wishes to make a statement; and he may then
make a statement, which shall be recorded, or may hand in a statement of
matters which he desires to be taken into consideration.
(4) If an officer charged has pleaded not guilty to any charge, the
prosecutor may make an address setting out generally the facts of the case and
may call witnesses in support of the charge; and on the conclusion of the
evidence of each witness the officer charged, or the officer defending him, may
cross-examine the witness and thereafter the witness may be re-examined.
(5) The evidence of a witness may be taken by reference to a written
statement made by him which may be amended or added to by the witness at
the hearing.
(6) When the examination of all witnesses in support of the charge has
been completed the officer charged or the officer defending him may address the
Commissioner only for the purpose of showing that no prima facie case has
been established; and if it appears to the Commissioner that there is a prima
facie case the officer charged shall be asked whether he wishes to give evidence,
and whether he wishes to call witnesses.
(7) If the officer charged gives evidence, he may be cross-examined
and re-examined and such witnesses as he desires to call may be examined,
cross-examined and re-examined.
(8) At the conclusion of all the evidence the prosecutor may address the
Commissioner and thereafter the officer charged or the officer defending him
may make an address in reply. (L.N. 42 of 1986)
(9) Any exhibit produced by a witness shall be available for inspection by
the officer charged, the officer defending him and the prosecutor.
(10) The Commissioner shall be entitled to ask such questions of any
witness as he considers will assist in determining the issues raised and may
call such witnesses at any time as he considers may be able to assist in the
determination of the issues.
(11) The hearing of the case may be adjourned from time to time as may
appear necessary for the proper determination of the proceedings.





(12) A record of the proceedings at the hearing of the case shall be taken and,
if the officer charged contemplates an appeal under these rules, a transcription of
the record shall be made and a copy thereof supplied to him at his request made
within the period during which the appeal may be brought.

(13) Evidence shall not be taken on oath.

9. Adding or amending charges

(1) A charge may be amended or a further charge added at any time prior to a
finding being communicated to the officer charged.

(2) The amended or new charge shall be read and explained to the officer
charged and he shall be called upon to plead to such amended or new charge and
shall be entitled to a reasonable adjournment to prepare his further defence.

(3) The provisions of rule 8 and of subrules (1) and (2) of this rule shall apply
to the amended or new charge, with such modifications as are necessary.

PART IV

PUNISHMENT

10. Proceedings after hearing of charge

At the conclusion of the hearing of a charge, the Commissioner shall

(a)if in his opinion the evidence does not show that a disciplinary
ofrence has been committed, dismiss it;

(b)if in his opinion the evidence does show that a disciplinary offence
has been committed, either

(i) impose a punishment within his powers; or
(ii) refer the case to the Governor.

11. Reference of case to Governor

(1) Whenever the Commissioner refers a case to the Governor under rule 1 0(b)
he shall forward

(a)a copy of the record of the proceedings (including the charge)
certified by himself to be a true copy of the original thereof,

(b) the subordinate officer's record of service;

(c) a report setting out-

(i) his reasons for considering the charge proved; and (ii) his
recommendation with respect to punishment or otherwise.





(2) Whenever the Commissioner so refers a case he shall notify the subordinate
officer that he has done so and that the officer may make representations in writing
to the Governor in mitigation of punishment within 14 days of such notice or such
further period as the Governor may allow.

12. Procedure when case referred to Governor

Upon reference to him of a case and after consideration of any representations
made by the subordinate officer, the Governor may

(a)if he is of the opinion that the charge has not been proved, either

(i) dismiss it; or

(ii)order further investigation or a fresh investigation in such
manner and by such person or persons as he thinks fit;

(b)if he is of the opinion that the charge is proved, or if, after any
further or fresh investigation ordered under paragraph (a), he is of
such opinion, impose a punishment within his powers.

13. Punishment imposed to be entered in record of service

(1) Every punishment imposed shall be entered in the service record of the
officer.

(2) An entry of an admonishment given under rule 4A shall be removed from an
officer's service record one year after the admonishment was given unless during
the year he was punished for another offence. (L.N. 118 of 1989)

14. Procedure where Commissioner

has delegated his powers

Where a senior officer other than the Commissioner exercises or performs any
of the powers, functions or duties described in rule 4, 4A, 5, 6, 10, 11 or 12
references in those rules- (L.N. 118 of 1989)

(a)to the Commissioner, shall be read as if they were references to that
other senior officer; and

(b)to the Governor, shall be read as if they were references to the
Commissioner,

but any case referred to the Commissioner by another senior officer pursuant to rule
10(b)(ii) (as modified by this rule) may be referred to the Governor by the
Commissioner in accordance with rule 11.





15. Punishment of inspectors for disciplinary offence

An inspector who is found guilty of or pleads guilty to a disciplinary otTence
may be punished by the imposition of any one or more of the following
punishments

(a) by the Commissioner-

(i) reduction in rank;

(ii) stoppage or deferment of increment;

(iii) where the offence is against rule 3(a), forfeiture of pay (excluding
allowances) for period not exceeding one month or the period of
absence, whichever is the greater;

(iv)a fine not exceeding one month's salary (excluding allowances);

(v) severe reprimand;

(vi) reprimand;

(vii) extra duties;

(b) by the Governor-

(i) the punishments described in paragraph (a);

(ii) dismissal;

(iii) compulsory retirement with pension, gratuity or other
allowances, or without such benefits, or with reduced benefits.
(L.N. 42 of 1986)

16. Punishment of customs officers for disciplinary ofrence

A customs officer who is found guilty of or pleads guilty to a disciplinary
offence may be punished by the Commissioner or the Governor by the imposition of
any one or more of the punishments referred to in rule 15(B).

(L.N. 42 of 1986)

17. Order for payment for damage, etc. to equipment, etc.

A punishment imposed under rule 4A, 15 or 16 may include an order for the
payment by the officer punished of the cost of replacing or repairing any article of
clothing, equipment or other property with which he has been provided or entrusted
by the Government and which has been lost or damaged due to the fault of the
officer.

(L.N. 118 of 1989)

18. Punishment where criminal offence is committed

(1) The punishment of a subordinate officer who in criminal proceedings is
found guilty of or pleads guilty to a criminal offence shall be in accordance with this
rule.





(2) In the case of an inspector, the Commissioner shall as soon as practicable

(a) refer the case to the Governor; and

(b)notify the inspector that he has done so and that the inspector may
make representations in writing to the Governor in mitigation of
punishment within 14 days of receiving such notice or within such
further period as the Governor may allow.

(3) In referring a case under subrule (2) the Commissioner shall send to the
Governor

(a) a copy of the record of the proceedings;

(b) the inspector's record of service; and

(c) his recommendation with respect to punishment or otherwise.

(4) The Governor may, after considering any representations made by the
inspector, impose any one or more of the punishments which he may impose under
rule 15(b) in respect of a disciplinary offence by an inspector.

(5) In the case of a customs officer, the Commissioner shall notify the officer
that he may make representations in writing in mitigation of punishment within 14
days of receiving such notice and, after considering any such representations, may
impose any one or more of the punishments he may impose under rule 16 in respect
of a disciplinary offence by a customs officer. (L.N. 42 of 1986)

18A. Summary dismissal of subordinate
officer for absence from duty

Notwithstanding any other disciplinary provisions applicable to him under
these rules, where a subordinate officer is absent from duty without leave for a
period exceeding 21 days and it is reported to the Governor in the case of an
inspector or to the Commissioner in the case of a customs officer that

(a) the officer cannot be traced; or

(b)on being required by notice in writing (sent to any address through
which it may reasonably be expected to reach him) to give, within 14
days, an excuse for his absence, the officer has failed to give an
excuse or to give an excuse that is acceptable to the Commissioner,

the Governor or the Commissioner, as the case may be, may without further
proceedings summarily dismiss the officer.

(L.N. 42 of 1986)





PART V

REVIEWS AND
APPEALS

19. Review

(1) Where a subordinate officer has been found guilty of a disciplinary offence
or has been punished under these rules by the Commissioner or another senior
officer, the Commissioner may, of his own motion, within 14 days of the finding or
the punishment (if it was imposed on a later day), review the finding or punishment
or both, and within 14 days of the punishment he may review any punishment
imposed following a plea of guilty to a disciplinary offence.

(2) Upon a review under this rule the Commissioner may, subject to rule 26,
exercise any of the powers in rule 22(a), (b), (c) and (d) and rule 24(a) and (b).

20. Appeals

(1) A subordinate officer (including one who has been dismissed) may appeal,
in accordance with the following rules, against

(a)a finding by the Commissioner or other senior officer that he is guilty
of a disciplinary offence;

(b)any punishment imposed by the Commissioner or other senior
officer, other than under rule 22.

(2) A customs officer may also appeal, in accordance with the following rules,
against a punishment imposed on him by the Commissioner or other senior officer
under rule 18(5). (L.N. 42 of 1986)

21. To whom appeal lies

(1) The appeal shall lie

(a)to the Governor, in respect of a finding made or a punishment
imposed by the Commissioner; and

(b) to the Commissioner in all other cases.

(2) The Governor may delegate to the Secretary for the Civil Service, or to a
public officer not below the rank of Secretary, the determination of an appeal
referred to in subrule (1)(a).

22. Powers of the Governor and Commissioner on appeal

Upon an appeal, the Governor or the Commissioner, as the case may be, may





(a) confirm or reverse the finding;
(b) confirm the punishment;
(c)subject to rule 26, substitute any other punishment which could
have been imposed by him under rule 15 or 16; (L.N. 118 of
1989)
(d)remit the punishment in full or in part without substituting any
other punishment;
(e)if he dismisses an appeal against a finding and no punishment has
been imposed, treat the appeal as if it were a case referred to him
for punishment and impose any punishment or take any other
action within his powers.

23. Appeal to be made within 14 days

An appeal shall be made in writing within 14 days from the day on which
the subordinate officer is informed that he has been found guilty of a dis-
ciplinary offence or from any day on which punishment is imposed.

24. Further evidence may he admitted

(1) For the purpose of any appeal against a finding, the Governor may-
(a)accept in whole or in part the record of the evidence already
taken;
(b)direct that the whole or any part of the evidence be taken again
or that additional evidence be taken,
and the Commissioner may, where the appeal lies to him, do any of those things
and may also himself take the evidence or part thereof again or take the
additional evidence.

25. Suspension of punishment pending appeal

In the event of an appeal, any punishment (other than a severe reprimand
or reprimand) imposed on a subordinate officer shall be suspended until the
appeal is disposed of, withdrawn or abandoned.

26.Greater punishment not to be imposed without
opportunity to make representations

Neither the Governor nor the Commissioner shall impose a greater
punishment under rule 19(2) or 22 without first allowing the subordinate officer
a reasonable opportunity to be heard or to make representations in writing as
to why the punishment should not be increased.

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