Section 84. A civil servant who does not comply with the directives under section 81 and section 82 or violates a prohibition under section 83 is in breach of discipline.

Section 85. Disciplinary breaches of the following description are gross breaches of discipline:
(1) wrongfully performing or refraining to perform official duties in order to cause severe detriment to any person, or malfeasantly performing or refraining to perform official duties;
(2) leaving or neglecting of official duties without reasonable cause which results in severe detriment to the government service;
(3) leaving official duties for more than fifteen consecutive days on the same occasion without reasonable cause, or where circumstances indicate an intention to not comply with regulations of official authorities;
(4) committing an act which is attributable as a gross misconduct;
(5) severely insulting, disparaging, oppressing, intimidating or harming members of the public contacting officials;
(6) committing a criminal offence which results in a term of imprisonment or a heavier penalty than imprisonment by a final sentence of imprisonment or a heavier penalty than imprisonment, with the exception of an offence committed negligently or a minor offence;
(7) refraining from or committing any act not in compliance with section 82 or in violation of a prohibition under section 83 causing severe detriment to the government service;
(8) refraining from or committing any act not in compliance with section 80 paragraph two and section 82(11), or in violation of a prohibition under section 83(10), which has been prescribed by CSC Regulation as a gross breach of discipline.

Section 86. The CSC Regulations under section 80 paragraph two, section 82(11), section 83(8) and (10) and section 85(8) shall apply to acts occurring subsequent to such CSC Regulations coming into force.

Section 87. A supervising official shall have a duty of promoting and developing the discipline of subordinates and preventing breaches of discipline by subordinates, in accordance with the rules and procedures prescribed by the CSC.

Section 88. A civil servant who commits a breach of discipline must receive a disciplinary punishment, unless there is reasonable cause for exempting punishment as provided in Chapter 7 Disciplinary Proceedings. There are 5 modes of disciplinary punishment, as follows:
(1) written reprimand;
(2) deduction of salary;
(3) reduction of salary;
(4) dismissal;
(5) expulsion.

Section 89. Punishment of a civil servant shall be effected by an order. The person ordering the punishment must impose a punishment which is appropriate to the offence and must be made justly and without prejudice. The punishment order shall indicate the particular disciplinary breaches committed by the person receiving the punishment and the sections relied upon.

Chapter 7
Disciplinary Proceedings

Section 90. When there is an allegation or a case of suspicion that a civil servant has committed a breach of discipline, the supervising official is under a duty to quickly report to the supervising official authorized to make an instatement order under section 57, and the supervising official authorized to make an instatement order under section 57 shall expeditiously carry out proceedings under this Act with justice and without any prejudice.

The supervising official or supervising official authorized to make an instatement order under section 57 who neglects the duty under paragraph one, or performs the duty in bad faith, shall be deemed as having committed a breach of discipline.

The powers and duties of the supervising official authorized to make an instatement order under section 57 under this Chapter may be delegated by the supervising official authorized to make an instatement order under section 57 to a lower level supervising official under the rules prescribed by the CSC.

Section 91. Upon receipt of a report under section 90, or such matter becomes apparent to the supervising official authorized to make an instatement order under section 57, the supervising official authorized to make an instatement order under section 57 shall expedite proceedings or order investigations or take preliminary considerations as to whether or not the case has sufficient merit to allege that such person has committed a disciplinary breach. If it is found that the case did not contain sufficient merit to allege a disciplinary breach, the matter may be terminated.

In the case where it is found that there is sufficient merit to allege that a civil servant has committed a disciplinary breach whereby preliminary evidence is already available, further proceedings may be taken under section 92 or section 93, as the case may be.

Section 92. In the case where the investigation result or consideration under section 91 finds that the case has merit, if such alleged offence does not constitute a gross disciplinary breach, and notice of the allegations and summary of evidence has been given to the alleged person, as well as after having heard the alleged person’s reply, and the supervising official authorized to make an instatement order under section 57 finds that the alleged person has committed the alleged breach, the supervising official shall order punishment as appropriate to the case without having to appoint a commission of inquiry.

In the case under paragraph one, if the supervising official authorized to make an instatement order under section 57 finds that the alleged person has not committed the alleged breach, such supervising official shall order the termination of the matter.

Section 93. In the case where the investigation result or consideration under section 91 finds that the case has merit to constitute a gross disciplinary breach, the supervising official authorized to make an instatement order under section 57 shall appoint a commission of inquiry. In conducting the inquiry, notice of the allegations and summary of evidence shall be given to the alleged person and the alleged person’s reply shall be heard. Upon conclusion of proceedings by the commission of inquiry, the inquiry results and opinions shall be reported to the supervising official authorized to make an investigation order under section 57.

If the supervising official authorized to make an instatement order under section 57 finds that the alleged person has not committed the alleged breach, the matter shall be terminated. However, if it is found that the alleged person has committed the alleged breach, further proceedings shall be taken under section 96 or section 97, as the case may be.

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