### Customs and Excise Service (Discipline) Rules 《香港海關(紀律)規則》

8A. Record of proceedings
(1) The Commissioner must make, or cause to be made, a written record of the proceedings of a hearing.
(2) The Commissioner may make, or cause to be made, an audio recording or audio and visual recording of the proceedings, or any part of the proceedings, of a hearing.
(3) If an officer charged wishes to appeal under rule 20, the officer may make a request to the Commissioner within the period mentioned in rule 23 for a copy of the official record of proceedings.
(4) On a request under subrule (3), the Commissioner must supply the officer charged with a copy of the official record of proceedings.
(L.N. 63 of 2012)

9. Adding or amending charges
(1) A charge may be amended or a further charge added at any time prior to a finding being communicated to the officer charged.
(2) The Commissioner must read and explain the amended or new charge to the officer charged, who must be called upon to plead to the amended or new charge in person, and is entitled to a reasonable adjournment to prepare a further defence. (L.N. 63 of 2012)
(3) Rule 8 applies in respect of the amended or new charge. (L.N. 63 of 2012)

9A. Proceedings in the absence of officer charged
Where an officer charged is required to appear in person in any proceedings under these Rules and repeatedly fails to appear, the Commissioner may proceed in the absence of the officer if satisfied that the officer has no reasonable excuse for the failures.
(L.N. 63 of 2012; E.R. 1 of 2022)

10. Proceedings after hearing of charge
At the conclusion of the hearing of a charge, the Commissioner shall—
(a) if in his opinion the evidence does not show that a disciplinary offence has been committed, dismiss it;
(b) if in his opinion the evidence does show that a disciplinary offence has been committed, either—
(i) impose a punishment within his powers; or
(ii) refer the case to the Chief Executive. (76 of 1999 s. 3)

### Customs and Excise Service (Discipline) Rules 《香港海關(紀律)規則》

11. Reference of case to Chief Executive
(1) If the Commissioner refers a case to the Chief Executive, the Commissioner must forward to the Chief Executive—
(a) a copy of the official record of proceedings (including the charge) certified by the Commissioner to be a true copy of the original;
(b) the record of service of the officer charged; and
(c) a report setting out—
(i) the Commissioner’s reasons for considering the charge proved; and
(ii) the Commissioner’s recommendation with respect to punishment or otherwise.
(2) The Commissioner must inform the officer charged of the reference by serving on the officer a notice in writing.
(3) The officer charged may make representations in writing to the Chief Executive within 14 days from the service of the notice under subrule (2) or any further period that the Chief Executive may allow. 
(L.N. 63 of 2012)

12. Procedure when case referred to Chief Executive
On reference to the Chief Executive of a case and after consideration of any representations made by the officer charged, the Chief Executive must—
(a) if in the Chief Executive’s opinion the charge has not been proved, either—
(i) dismiss the charge; or
(ii) order a further investigation or fresh investigation in a manner and by a person or persons that the Chief Executive thinks fit;
(b) if in the Chief Executive’s opinion the charge is proved, or if, after any further or fresh investigation ordered under paragraph (a)(ii), the Chief Executive is of that opinion, impose a punishment within the Chief Executive’s powers.
(L.N. 63 of 2012)

13. Punishment imposed to be entered in record of service
(1) Every punishment imposed shall be entered in the service record of the officer.
(2) An entry of an admonishment given under rule 4A shall be removed from an officer’s service record one year after the admonishment was given unless during the year he was punished for another offence. (L.N. 118 of 1989)

14.  Procedure where Commissioner has delegated powers 
(1) If a senior officer other than the Commissioner exercises or performs the Commissioner’s powers, functions or duties under rules 10 and 11—
(a) a reference in those rules to the Commissioner is to be regarded as a reference to the senior officer; and
(b) a reference in those rules and rule 12 to the Chief Executive is to be regarded as a reference to the Commissioner.
(2) A case referred to the Commissioner by another senior officer under rule 10(b)(ii) as modified by subrule (1) may be referred to the Chief Executive by the Commissioner in accordance with rule 11. 
(L.N. 63 of 2012)

### Customs and Excise Service (Discipline) Rules 《香港海關(紀律)規則》

15. Punishment of inspectors for disciplinary offence
An inspector who is found guilty of or pleads guilty to a disciplinary offence may be punished by the imposition of any one or more of the following punishments—
(a) by the Commissioner—
(i) reduction in rank;
(ii) stoppage or deferment of increment;
(iii) where the offence is against rule 3(a), forfeiture of pay (excluding allowances) for period not exceeding one month or the period of absence, whichever is the greater;
(iv) a fine not exceeding one month’s salary (excluding allowances);
(v) severe reprimand;
(vi) reprimand;
(vii) extra duties;
*(b) by the Chief Executive— (76 of 1999 s. 3)
(i) the punishments described in paragraph (a);
(ii) dismissal without retirement benefits;
(iii) compulsory retirement with full retirement benefits or reduced retirement benefits or without retirement benefits. (L.N. 42 of 1986; 6 of 2009 s. 17)

Editorial Note:
* This paragraph was amended by section 17 of the Disciplined Services Legislation (Miscellaneous Amendments) Ordinance 2009 (6 of 2009). Please see section 30 of that Amendment Ordinance for the transitional provisions.

16. Punishment of customs officers for disciplinary offence
A customs officer who is found guilty of or pleads guilty to a disciplinary offence may be punished by the Commissioner or the Chief Executive by the imposition of any one or more of the punishments referred to in rule 15(b).
(L.N. 42 of 1986; 76 of 1999 s. 3)

17. Order for payment for damage, etc. to equipment, etc.
A punishment imposed under rule 4A, 15 or 16 may include an order for the payment by the officer punished of the cost of replacing or repairing any article of clothing, equipment or other property with which he has been provided or entrusted by the Government and which has been lost or damaged due to the fault of the officer.
(L.N. 118 of 1989)