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

26. Appeals by inspectors
(1) An inspector may within 14 days from the announcement to him or her by, or the receipt of a communication from, the Commissioner or an appropriate tribunal of a finding or award—
(a) (if the appropriate tribunal was a board appointed by the Commissioner or by the Secretary for the Civil Service) appeal in writing to the Chief Executive by petition, which may contain any representations relevant to the appeal; or
(b) (in any other case) appeal in writing to the Commissioner by petition, which may contain any representations relevant to the appeal.
(2) An inspector who has appealed to the Commissioner under paragraph (1)(b) and—
(a) has been awarded a punishment by the Commissioner under regulation 25(2) or (3); or
(b) is aggrieved by any other decision made by the Commissioner,
may, within 14 days from the receipt of communication of the award or decision, appeal in writing to the Chief Executive by petition, which may contain any representations relevant to the appeal.
(3) On an appeal under paragraph (1) or (2), the Chief Executive may—
(a) set aside a finding if in all the circumstances of the case the Chief Executive considers justice so requires and either—
(i) award a punishment warranted by any finding which has not been set aside; or
(ii) award no punishment if that finding does not exist;
(b) confirm or remit an award;
(c) substitute any other award that the Commissioner could have awarded under regulation 25;
(d) confirm, vary or revoke any other decision made by the Commissioner; or
(e) order a rehearing of the case on the same or other charges by another appropriate tribunal.
(4) The Chief Executive’s decision on an appeal under paragraph (1) or (2) or on a reference under regulation 27 must be communicated to the Commissioner and to the inspector by the Chief Executive’s Office.
(5) The Commissioner may, on an appeal under paragraph (1) or of the Commissioner’s own motion—
(a) confirm a finding of guilty or substitute a finding of not guilty;
(b) confirm or remit an award;
(c) substitute any other award that the Commissioner could have awarded under regulation 25, except that no greater punishment may be awarded unless the inspector is given an opportunity of making representations as to why the original punishment should not be increased;
(d) forward the Defaulter Report to the Chief Executive under regulation 27; or
(e) order a rehearing of the case on the same or other charges by another appropriate tribunal.
(6) 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》

27. Commissioner may report to Chief Executive
(1) If an inspector has pleaded guilty to or is found guilty of a disciplinary offence and it appears to the Commissioner that the nature of the offence is so aggravated and other relevant circumstances are such that dismissal without retirement benefits, or compulsory retirement with full retirement benefits or reduced retirement benefits or without retirement benefits is merited, the Commissioner must forward to the Chief Executive the Defaulter Report together with—
(a) the record of the inspector’s service;
(b) the Commissioner’s recommendation; and
(c) the Commissioner’s reasons for not making an award under regulation 25(2) or (3). (L.N. 59 of 2012)
(2) The Commissioner must at the same time as the Defaulter Report is forwarded under paragraph (1) inform the inspector that his or her case will be considered by the Chief Executive, and the inspector may within 14 days from the receipt of the information, or within any extended period of time that the Chief Executive may allow, forward to the Chief Executive a petition in writing, containing any representations which may be relevant to enable the Chief Executive to exercise a discretion under paragraph (3). (L.N. 59 of 2012)
(3) Where any report is forwarded to the Chief Executive under this regulation, the Chief Executive may—
(a) order that the inspector be dismissed without retirement benefits; or
(b) if in all the circumstances of the case he considers justice so requires, set aside any finding of an appropriate tribunal and order that the inspector be dismissed without retirement benefits if in his opinion such punishment is warranted by any finding which has not been set aside; or
(ba) if in all the circumstances of the case, he is of the opinion that the misconduct of the inspector is serious enough to warrant the compulsory retirement of the inspector, order that the inspector be compulsorily retired with full retirement benefits or reduced retirement benefits or without retirement benefits; or (L.N. 305 of 1982)
(c) remit the case to the Commissioner and the Commissioner may then award any punishment which he has power to award under regulation 25, but where the Commissioner awards any punishment under this paragraph, regulation 26(2) shall apply as if such punishment had been awarded under regulation 25; or
(d) if he is of the opinion that the inspector does not deserve to be punished but that the proceedings disclose grounds for requiring the inspector to retire in the public interest, without further proceedings require him to retire in the public interest. (L.N. 23 of 1978; 6 of 2009 s. 9)
(76 of 1999 s. 3)

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

27A. Joint proceedings against inspectors and junior police officers
(1) Where one or more inspectors and one or more junior police officers are charged with a disciplinary offence or offences arising out of the same facts, the Commissioner or a senior police officer may direct that the defaulters be charged and proceeded against jointly at the same proceedings unless—
(a) one of the defaulters objects to the appropriate tribunal on the grounds of partiality or bias; or
(b) one of the defaulters objects to joint proceedings on the grounds of disparity of rank.
(2) Joint proceedings under this regulation shall be dealt with as if they were proceedings against an inspector under Part III.
(L.N. 305 of 1982)

28. Power to suspend punishment
(1) Subject to this regulation, any punishment awarded by an appropriate tribunal may be suspended by that tribunal or by any police officer of higher rank than the officer or officers constituting the tribunal for a period of not less than 6 months nor more than 1 year.
(2) Subject to paragraph (3), where any punishment has been suspended under this regulation the appropriate tribunal or any police officer of higher rank shall at the expiration of the period of suspension review the case or may, at any time during the period of suspension, review the case, taking into consideration such reports on the conduct of the defaulter during the period of suspension as may be available.
(3) On a review under paragraph (2), the appropriate tribunal or officer of higher rank may—
(a) remit or reduce the punishment; or
(b) order the punishment to be executed immediately. (L.N. 59 of 2012)
(3A) If the appropriate tribunal or officer of higher rank remits or reduces the punishment, the appropriate tribunal or officer of higher rank must cause any entry relating to the disciplinary offence which has been made in the records of the defaulter to be expunged or altered accordingly. (L.N. 59 of 2012)
(3B) If, during the period of suspension of a punishment under this regulation, the defaulter is convicted of another disciplinary offence committed after the disciplinary offence for which the suspended punishment was awarded, the suspended punishment must be executed immediately and any punishment on that other disciplinary offence must not be suspended. (L.N. 59 of 2012)
(4) This regulation shall not affect the lodging and hearing of an appeal.