Surcharge by Services Commission

If it appears to the Financial Secretary that any person who is or was a public officer, (a) has or had failed to collect any moneys owing to the Government for the collection of which such person is or was at the time of such employment responsible; (b) is or was at the time of such employment responsible for any improper payment of public moneys; (c) is or was at the time of such employment responsible for any deficiency in, or for the loss or unauthorized destruction of, any public moneys, stamps, securities, stores or other Government property, and if, within a period specified by the Financial Secretary, an explanation satisfactory to him is not furnished by that person with regard to such failure to collect, improper payment, deficiency, loss, or unauthorized destruction, as the case may be, the Financial Secretary shall refer the matter to the relevant Services Commission for consideration, and if the Services Commission is satisfied on a balance of probabilities that the views of the Financial Secretary are proved, it shall impose a 36 disciplinary surcharge against that person equivalent to the amount not collected or the amount of such improper payment, or the amount of the deficiency, loss or unauthorized destruction, as the case may be. (2) Without prejudice to the provisions of subsection (1) of this section, every person who contravenes or knowingly permits or suffers any other person to contravene, or instigates any person to contravene, any provision of this Act or any regulations made thereunder, is guilty of an offence and shall be liable on summary conviction, to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding two years or to both such fine and term of imprisonment.