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

10. Adding or amending charge
(1) The prosecutor may amend a charge or add a further charge at any time before the appropriate tribunal communicates a finding to the defaulter.
(2) The appropriate tribunal must read and explain any amended or new charge to the defaulter.
(3) The defaulter must plead in person to the amended or new charge, or to each amended or new charge separately if there is more than one, and he or she—
(a) is entitled to a reasonable adjournment to prepare a further defence;
(b) may recall any witness; and
(c) may call any further witness as he or she thinks fit.
(4) A witness giving evidence under this regulation may be cross-examined and re-examined.
(L.N. 59 of 2012)

10A. Record of proceedings
(1) The appropriate tribunal must make, or cause to be made, a written record of the proceedings of a hearing, and the record is to form part of the Defaulter Report.
(2) The appropriate tribunal may make, or cause to be made, an audio recording or an audio and visual recording of the proceedings, or any part of the proceedings, of a hearing.
(L.N. 59 of 2012)

11. Finding by appropriate tribunal
(1) The appropriate tribunal may at the conclusion of the hearing announce its finding on a charge or reserve its finding, and if the finding is reserved, the appropriate tribunal must call the defaulter to appear in person before it when it announces its finding.
(2) The appropriate tribunal must endorse the finding on the Defaulter Report.
(3) If the defaulter has pleaded guilty or is found guilty, the appropriate tribunal must ask if the defaulter wishes to make or produce to the appropriate tribunal a statement which contains any relevant matters that the defaulter wishes to be taken into consideration by the appropriate tribunal.
(L.N. 59 of 2012)

11A. Award by single member tribunal
(1) If the appropriate tribunal consists of a single police officer (single member tribunal

11B. Board tribunal to send Defaulter Report to Force Discipline Officer
If the appropriate tribunal consists of a board appointed by the Commissioner and the defaulter has pleaded guilty or is found guilty, the appropriate tribunal must send the Defaulter Report to the Force Discipline Officer and inform the defaulter of that fact.
(L.N. 59 of 2012)

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

12. Review
(1) The appropriate tribunal hearing a case may, at any time within 7 days after having announced its finding or award to the defaulter, review the case and arrive at a fresh finding or award which, subject to paragraph (3), is to be substituted for the original finding or award.
(2) If the appropriate tribunal reviews a case, it must announce before the defaulter or communicate in writing to the defaulter its finding or award after the review.
(3) The appropriate tribunal must not—
(a) substitute for a finding of not guilty a finding of guilty; or
(b) award a greater punishment,
unless the defaulter is given an opportunity of making representations as to why the original finding should not be varied or the original punishment should not be increased.
(4) The appropriate tribunal must—
(a) endorse its finding or award after the review on the Defaulter Report; and
(b) send the Defaulter Report to the Force Discipline Officer.
(5) A review under this regulation is at the sole discretion of the appropriate tribunal and may be made—
(a) on the appropriate tribunal’s own motion; or
(b) on application to the appropriate tribunal in writing by either the prosecutor or the defaulter.
(L.N. 59 of 2012)

12A. Proceedings in defaulter’s absence
Where a defaulter is required to appear in person in any proceedings under this Part and repeatedly fails to appear, the appropriate tribunal may proceed in the defaulter’s absence if satisfied that the defaulter has no reasonable excuse for the failures.
(L.N. 59 of 2012)

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

13. Punishment of junior police officers
(1) A junior police officer who has pleaded guilty to or is found guilty of a disciplinary offence before or by an appropriate tribunal consisting of a single police officer may, subject to regulation 30, be awarded any of the following punishments by the appropriate tribunal—
(a) caution;
(b) reprimand;
(c) severe reprimand;
(d) deferment or stoppage of increment;
(e) forfeiture of not more than 1 month’s pay except in the case of absence without good cause when forfeiture of pay extends to the period of absence in addition to any other punishment awarded;
(f) reduction in rank;
(g) an order to resign immediately without salary in lieu of notice;
(h) compulsory retirement with full retirement benefits or reduced retirement benefits or without retirement benefits; 
(i) dismissal without retirement benefits.
(2) If a junior police officer has pleaded guilty to or is found guilty of a disciplinary offence before or by an appropriate tribunal, and the appropriate tribunal sends the Defaulter Report to the Force Discipline Officer under regulation 11A(4)(b) or (5)(b) or 11B, the junior police officer may, subject to regulation 14, be awarded a punishment that the Force Discipline Officer is empowered to award under regulation 30.
(3) If a Defaulter Report is sent to the Force Discipline Officer under regulation 11A(4)(b) or (5)(b) or 11B, and the Force Discipline Officer 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, the Force Discipline Officer may, without further proceedings, require the junior police officer to retire in the public interest.
(4) Despite this regulation, a junior police officer who—
(a) has pleaded guilty to or is found guilty of a disciplinary offence; and
(b) is to be dismissed from the police force by the Commissioner, the Force Discipline Officer or a senior police officer,
must, if he or she is a station sergeant or sergeant, be reduced to the ranks before the dismissal.
(5) Despite this regulation, a junior police officer who—
(a) has pleaded guilty to or is found guilty of a disciplinary offence; and
(b) has been ordered by the Commissioner, the Force Discipline Officer or a senior police officer to resign immediately from the police force,
must, if he or she fails to comply with the order, be dismissed without retirement benefits.
(L.N. 59 of 2012)

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

14. Confirmation or variation of finding or award and making of award by Force Discipline Officer
(1) Within 14 days from the receipt of a Default Report by the Force Discipline Officer under regulation 11A(3), (4)(b) or (5)(b), 11B or 12(4)(b), the Force Discipline Officer must—
(a) in respect of the finding—
(i) confirm the finding;
(ii) vary the finding and substitute any finding which the appropriate tribunal could have made on the evidence adduced; or
(iii) subject to paragraph (2)(c), set aside the finding and order a rehearing of the case on the same or other charges by another appropriate tribunal;
(b) in respect of any award, if the Force Discipline Officer confirms or varies the finding—
(i) if no punishment was awarded, award a punishment that the Force Discipline Officer is empowered to award;
(ii) confirm the award;
(iii) remit the award; or
(iv) subject to paragraph (2)(a) and (b), substitute any other award that the Force Discipline Officer is empowered to award.
(2) The Force Discipline Officer must not—
(a) substitute for any punishment awarded any greater punishment unless the defaulter is given an opportunity of making representations to the Force Discipline Officer as to why the original punishment should not be increased;
(b) substitute for a finding of not guilty a finding of guilty; or
(c) order a rehearing if the finding, as confirmed or varied, is one of not guilty.
(3) The Force Discipline Officer acting under this regulation must announce before the defaulter or communicate in writing to the defaulter the action taken by the Force Discipline Officer.
(L.N. 59 of 2012)