### Customs and Excise Service Ordinance 《香港海關條例》

7. Powers of delegation
(1) Save where the contrary intention appears from the context of this or any other Ordinance and subject to any special instructions of the Commissioner, a Deputy Commissioner and an Assistant Commissioner may exercise and perform any of the powers, functions and duties which are conferred or imposed upon the Commissioner by this or any other Ordinance except any power to dismiss or compel the retirement of a customs officer which may be conferred on the Commissioner by or under this Ordinance.
(2) Save where the contrary intention appears from the context of this or any other Ordinance, the Commissioner may authorize any senior officer by name, office or appointment, to exercise and perform any of the powers, functions and duties which are conferred or imposed upon the Commissioner by this or any other Ordinance except any power to dismiss or compel the retirement of a customs officer which may be conferred on the Commissioner by or under this Ordinance.
(Replaced 46 of 1977 s. 6. Amended 40 of 1985 s. 6)

8. Warrant cards
(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) 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)
(Replaced 46 of 1977 s. 6)

### Customs and Excise Service Ordinance 《香港海關條例》

9. Terms of service of members
(1) The Pensions Ordinance (Cap. 89), the Pension Benefits Ordinance (Cap. 99), the Public Service Commission Ordinance (Cap. 93), Public Service (Administration) Order and government 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) 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), Public Service (Administration) Order, government regulations, the Pensions Ordinance (Cap. 89) and the Pension Benefits Ordinance (Cap. 99).
(3) A member may resign from the Customs and Excise Service—
(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) 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) 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)
(Amended 15 of 1979 s. 8; 36 of 1987 s. 47; 76 of 1999 s. 3)

10. Offences against discipline generally
Any member who commits a disciplinary offence shall be liable to be dismissed or otherwise dealt with as provided by or under this Ordinance.

11. Senior officers
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) the provisions of Public Service (Administration) Order and government regulations which relate to interdiction and the payment of emoluments thereafter shall apply;
(b) the matter shall be investigated and the officer concerned dealt with in the appropriate manner provided for in the Public Service (Administration) Order and government regulations for allegations of misconduct made against a public officer.
(Amended 76 of 1999 s. 3)

### Customs and Excise Service Ordinance 《香港海關條例》

12. Subordinate officers
(1) Whenever a subordinate officer is charged with a disciplinary offence—
(a) the Commissioner may interdict him from duty;
(b) the matter shall be investigated and the officer concerned dealt with in the appropriate manner prescribed by rules made under section 16.
(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) 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) 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) 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 Chief Executive may direct, where the punishment is imposed by the Chief Executive or, as the Commissioner may direct, in every other case. (Amended 76 of 1999 s. 3)
(6) (Repealed 26 of 2012 s. 13)

13. Interdiction in the case of criminal proceedings
(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—
(a) if a senior officer, in accordance with Public Service (Administration) Order and government regulations; (Amended 76 of 1999 s. 3)
(b) if a subordinate officer, in accordance with section 12 which shall apply, with all necessary modifications, to an interdiction under this paragraph.
(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.