### Police (Discipline) Regulations 《警察(紀律)規例》

15. Appeals by junior police officers
(1) A junior police officer may within 14 days from the announcement to him or her by, or the receipt of a communication from, the Force Discipline Officer of a finding, decision or award, appeal in writing to the Commissioner by petition, which may contain any representations relevant to the appeal.
(2) On an appeal under this regulation, the Commissioner may—
(a) vary any finding and substitute any finding which the Commissioner could have made on the evidence adduced;
(b) remit any award;
(c) order a rehearing of the case on the same or other charges by another appropriate tribunal;
(d) substitute any other award that the Commissioner is empowered to award; or
(e) if the Commissioner is of the opinion that the junior police officer does not deserve to be punished but that the proceedings disclose grounds for requiring the junior police officer to retire in the public interest, without further proceedings, require the junior police officer to retire in the public interest.
(3) On an appeal under this regulation, the Commissioner—
(a) may permit the defaulter to appear before the Commissioner in person to support the appeal;
(b) may hear any additional evidence that the Commissioner considers relevant; and
(c) must announce before the defaulter or communicate in writing to the defaulter the outcome of the appeal or the action taken under this regulation.
(4) If an appeal is lodged under this regulation, any punishment awarded (other than a caution, reprimand or severe reprimand) must be suspended pending the determination of the appeal.
(L.N. 59 of 2012)

### Police (Discipline) Regulations 《警察(紀律)規例》

16. Appropriate tribunal
(1) For the purposes of this Part—
appropriate tribunal (適當審裁體) means—(a) a single police officer not below the rank of superintendent appointed by the Commissioner or by a senior police officer;
(b) a board appointed by the Commissioner; or
(c) a board appointed by the Secretary for the Civil Service.

(2) If the appropriate tribunal is to be a board appointed by the Commissioner, the Commissioner must appoint a board consisting of 2 police officers of or above the rank of superintendent, and name one of them as the President of the board.
(3) A senior police officer may apply to the Commissioner to appoint a board to be the appropriate tribunal, and on the application the Commissioner may, subject to paragraphs (4) and (5), either appoint a board under paragraph (2) or refer the case back to that senior police officer to be heard by a single police officer not below the rank of superintendent appointed by the Commissioner or by a senior police officer.
(4) On an application under paragraph (3), if the Commissioner is of the opinion that there are exceptional circumstances in the case, the Commissioner must request the Secretary for the Civil Service to appoint a board to be the appropriate tribunal.
(5) On an application under paragraph (3), if the Commissioner is of the opinion that there are no exceptional circumstances in the case, but the defaulter so requests, the Commissioner must refer the request to the Secretary for the Civil Service to appoint a board to be the appropriate tribunal.
(6) In exercising the discretion whether or not to appoint a board to be the appropriate tribunal, the Secretary for the Civil Service must take into account any representations made in writing by the Commissioner and the defaulter.
(7) If the appropriate tribunal is to be a board appointed by the Secretary for the Civil Service, the Secretary for the Civil Service must appoint a board consisting of 3 public officers, and name one of them as the President of the board.
(8) No person who originates a complaint leading to a charge or assists in the investigation of the complaint may act as the appropriate tribunal or become a member of the appropriate tribunal hearing the charge.
(L.N. 59 of 2012)

### Police (Discipline) Regulations 《警察(紀律)規例》

17. Preliminary procedure
(1) If it appears to a senior police officer that a disciplinary charge should be laid against an inspector, the appropriate charge intended to be laid against the inspector must be entered in the Defaulter Report.
(2) If a disciplinary charge is laid against an inspector, the senior police officer may—
(a) direct that the charge be heard by an appropriate tribunal consisting of a single police officer; or
(b) apply to the Commissioner to appoint a board to be the appropriate tribunal.
(3) The inspector must be served with a notice in writing specifying—
(a) the charge;
(b) (if the charge is to be heard before an appropriate tribunal consisting of a single police officer) the name of the officer constituting the appropriate tribunal;
(c) (if the charge is to be heard before an appropriate tribunal consisting of a board) the names of the persons constituting the board;
(d) the place of the hearing; and
(e) the time and date of the hearing, which must not be earlier than 7 clear days after service of the notice.
(L.N. 59 of 2012)

18. Objection to tribunal
(1) If a defaulter objects to an appropriate tribunal on the grounds of partiality or bias, the defaulter may, within 7 days from the date of service of a notice under regulation 17(3), apply to the Commissioner—
(a) to direct that the case be heard by a board instead of by a single police officer;
(b) to change any single police officer appointed by the Commissioner or by a senior police officer or to change a member of the board appointed by the Commissioner; or
(c) to request the Secretary for the Civil Service to appoint a board to be the appropriate tribunal.
(2) The Commissioner may, on receiving an application made under paragraph (1)(a) or (b)—
(a) reject the application;
(b) direct that the case be heard by a board appointed by the Commissioner instead of by a single police officer; or
(c) appoint another appropriate tribunal.
(3) If the defaulter has made an application under paragraph (1)(c), the Commissioner must refer the request to the Secretary for the Civil Service in accordance with regulation 16(5) as if that regulation applied.
(4) An application under paragraph (1) must be made in writing, and the hearing must not be commenced before the determination of the application.
(L.N. 59 of 2012)

18A. Access to records and documents
A defaulter must be given copies of or reasonable access to any police records and other documents which the defaulter requires, and are necessary to enable the defaulter to prepare the defence, but not including those records for which the Government claims privilege.
(L.N. 59 of 2012)

### Police (Discipline) Regulations 《警察(紀律)規例》

18B. Appointment of prosecutor
The Commissioner must appoint a prosecutor for the purposes of proceedings against a defaulter under this Part.
(L.N. 59 of 2012)

18C. Representation of defaulter at hearing
(1) A defaulter may be represented at a hearing by—
(a) an inspector of the defaulter’s choice;
(b) any other police officer of the defaulter’s choice who is a barrister or solicitor;
(c) (subject to the Commissioner’s approval) a barrister or solicitor who is not a police officer; or
(d) any other person of the defaulter’s choice who is approved by the Commissioner for the purpose,
and the person specified in subparagraph (a), (b), (c) or (d) may conduct the defence on the defaulter’s behalf.
(2) If the Commissioner gives approval under paragraph (1)(c), the defaulter may be represented at the hearing by a barrister or solicitor of the defaulter’s choice.
(3) Despite paragraph (1), a defaulter must attend a hearing in person.
(4) If a defaulter is represented at a hearing by a barrister or solicitor, the appropriate tribunal and the prosecutor may separately be assisted by a barrister or solicitor at the hearing.
(L.N. 59 of 2012)

20. Plea of defaulter
(1) At the hearing, the appropriate tribunal must read to the defaulter any charge against him or her.
(2) The defaulter must plead in person guilty or not guilty to the charge, or to each charge separately if there is more than one, unequivocally.
(3) The appropriate tribunal must enter the plea or pleas on the official record of proceedings.
(L.N. 59 of 2012)