Paragraph 93C Power to appoint, etc., to offices in the Police Force and RegimentF1

Subject to subsection (2), power to make appointments of superior police officers and superior Regiment officers and to remove and to exercise disciplinary control over such officers shall vest in the Governor, acting in accordance with the advice of the Police and Defence Service Commission; but the Governor, acting in his or her discretion, may act otherwise than in accordance with that advice if the Governor determines that—

Notwithstanding subsection (1), the Governor, acting in his or her discretion, may from time to time make appointments of superior police officers and superior Regiment officers without the advice of the Police and Defence Service Commission where the Governor determines that to do otherwise would prejudice His Majesty’s service.

Subject to this Constitution, a law enacted by the Legislature shall provide for the appointment of and the exercise of disciplinary control over members of the Police Force and the Regiment other than superior police officers and superior Regiment officers.

Where the Police and Defence Service Commission advises that any person should be appointed as a superior police officer or a superior Regiment officer, that advice shall be submitted to the National Security Council for approval at the same time as being submitted to the Governor; but the Governor, acting in his or her discretion, may act without the approval of the National Security Council if he or she determines that to do otherwise would prejudice His Majesty’s service.

Before exercising the powers vested in the Governor by subsection (1), the Governor may, acting in his or her discretion, refer the advice of the Police and Defence Service Commission back to the Commission for reconsideration by it.

The Governor may make the referral described in subsection (5) only once.

If the Police and Defence Service Commission, having reconsidered its original advice pursuant to a referral under subsection (5), substitutes for it different advice, the Governor may refer that different advice back to the Commission for reconsideration in accordance with subsections (5) and (6).

The Governor, acting after consultation with the Police and Defence Service Commission, may, by regulations published in the Gazette, delegate to any member of the Commission or any public officer or class of public officer, to such extent and subject to such conditions as may be prescribed in the regulations, any of the powers vested in the Governor by subsections (1), (2), (4), (5), (7) and (10).

Where a superior police officer or a superior Regiment officer is the subject of a removal or disciplinary decision, that officer or member may appeal the decision to the Police and Defence Service Commission.

On receiving any appeal under subsection (9), the Police and Defence Service Commission shall review the matter and report to the Governor with such recommendations as it thinks fit, and the Governor, acting in his or her discretion, shall finally determine the case.

No member of the Police and Defence Service Commission shall participate in any proceedings of the Commission which affect him or her personally.

Nothing in this section shall preclude the Commissioner of Police and the Commanding Officer of the Regiment respectively from forming part of the interview panel for the appointment of a superior police officer or a superior Regiment officer.

In this section—