Singapore legislation
Regulation 6
Regulation 6
Inquiry proceedings
Subregulation 1
The officer under inquiry shall be given not less than 14 working days notice in writing of the date on which the committee of inquiry will commence its inquiry, and the officer shall attend the inquiry and shall be permitted —
to cross-examine the witnesses; (b)to give evidence on his own behalf; (c)to have such witnesses as he may wish called on his behalf; and (d)to have access to information contained in any document at a reasonable time before the document is tendered in evidence.
Subregulation 2
The record of the proceedings of the committee of inquiry shall consist of the information obtained by, and a report made by, the committee of inquiry.
Subregulation 3
The information referred to in paragraph (2) shall be in the form of a narrative but the committee of inquiry may, in its discretion, record any particular question and answer.
Subregulation 4
At the inquiry, the evidence on behalf of the Institute shall be presented by —
an officer nominated by the Chief Executive Officer; (b)a public officer; or (c)an advocate and solicitor appointed by the Chief Executive Officer.
Subregulation 5
The officer under inquiry may be represented by an advocate and solicitor or by another officer.
Subregulation 6
A person representing the officer under inquiry shall not be senior in rank to any member of the committee of inquiry or to the officer nominated by the Chief Executive Officer under paragraph (4)(a).
Subregulation 7
The committee of inquiry may, at any time, exclude any person representing the officer under inquiry from the inquiry if the committee of inquiry is of the view that the person has misconducted himself or is attempting to delay the inquiry.
Subregulation 8
The committee of inquiry shall not be bound to act in a formal manner and shall not be bound by the Evidence Act (Cap. 97) or by any other law relating to evidence but may inform itself on any matter in such manner as it thinks fit.
Subregulation 9
The committee of inquiry shall proceed with its inquiry from day to day and no adjournment shall be given except for reasons to be recorded in writing.
Subregulation 10
The committee of inquiry shall report every adjournment and the reasons for such adjournment immediately to the Establishment Committee and the Chief Executive Officer.
Subregulation 11
No adjournment shall be given for more than 14 working days except with the permission of the Establishment Committee.
Subregulation 12
The committee of inquiry may, in its discretion, conduct proceedings under these Regulations notwithstanding the absence of one of its members, and the validity of such proceedings shall not be challenged on this ground.
Subregulation 13
If the committee of inquiry is satisfied that the officer under inquiry or any person representing the officer is hampering or attempting to hamper the progress of the inquiry, the committee of inquiry shall administer a warning to the officer and, where appropriate, the person representing the officer.
Subregulation 14
If, after administering the warning referred to in paragraph (13), the committee of inquiry is satisfied that the warning is being disregarded, the committee of inquiry shall make a written note of this and shall proceed to carry on with and complete the inquiry in such manner as it thinks fit.
Subregulation 15
The committee of inquiry shall, within 14 working days of the conclusion of the inquiry (unless the Establishment Committee grants an extension of time), submit its report to the Establishment Committee and the Chief Executive Officer.
Subregulation 16
Upon considering the report of the committee of inquiry, the Establishment Committee may do any of the following: (a)if it is of the opinion that the officer under inquiry should be dismissed or reduced in rank, dismiss or reduce the rank of the officer from such date as it thinks fit; or (b)if it is of the opinion that some punishment other than dismissal or reduction in rank should be imposed —
impose on the officer some lesser penalty, such as a stoppage or deferment of increment, a fine or a reprimand, or a combination of such penalties; or (ii)require the officer to retire in the public interest or in the interest of the Institute without further proceedings under these Regulations, with or without a reduction in retirement benefits.
Subregulation 17
The Establishment Committee may, where it thinks fit, require the committee of inquiry to reconvene to consider further evidence and to meet for that purpose, except that the officer under inquiry shall be given not less than 14 working days notice in writing of such further inquiry of the committee of inquiry, and paragraphs (1) to (16) shall apply, with the necessary modifications, to such further inquiry.
Subregulation 18
The committee of inquiry shall only be dissolved upon a signification to that effect communicated to the members of the committee of inquiry by the Establishment Committee.