Singapore legislation
Regulation 39
of Public Service (Disciplinary Proceedings) Regulations 2023
Regulation 39
If criminal proceedings result in conviction
Subregulation 1
This regulation applies if a public officer is convicted of an offence by a court.
Subregulation 2
The Commission may start proceedings under this regulation to dismiss, demote or otherwise punish the public officer.
Subregulation 3
In proceedings under this regulation —
the Commission must cause the public officer to be given written notice about any matter (other than the available record of proceedings of the court) that is proposed to be considered; and (b)the Commission need not appoint a Committee under regulation 15, but must give the public officer a reasonable opportunity of being heard.
Subregulation 4
In deciding whether to punish the public officer, the Commission may consider —
the available record of proceedings of the court; and
any matter notified to the public officer under paragraph (3)(a).
Subregulation 5
Unless the Commission directs otherwise, the public officer is not entitled to any emoluments for the period —
starting on and including the date of the conviction; and
ending on and including the date on which the Commission decides whether to punish the public officer.
Subregulation 6
If the public officer had his or her increment withheld while the proceedings for the offence are pending, the Commission may order the withheld increment to be forfeited in addition to any other punishment imposed by the Commission.
Subregulation 7
If the public officer is dismissed in proceedings under this regulation, he or she forfeits all claim to any allowance or other benefit that he or she would have enjoyed but for his or her dismissal.
Subregulation 8
A public officer who is convicted of an offence by a court must not resign unless —
the Commission has started proceedings under this regulation and the Commission’s decision in those proceedings has taken effect; (b)the public officer has not been given written notice under paragraph (3)(a) and 6 months have passed after the determination of proceedings for the offence; or
the public officer has received the prior permission of the Commission to resign.
Subregulation 9
For the purposes of paragraph (8)(b), proceedings for the offence are treated as not having been determined if —
no appeal has been made against the conviction or sentence; and
the time within which an appeal may be made has not elapsed.