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

21. Procedure of hearing
(1) If a defaulter pleads not guilty at a hearing and evidence for the prosecution is called, witnesses are to be called in support of the charge and, at the conclusion of the evidence of each of those witnesses, the defaulter or the defence representative may cross-examine that witness, who may then be re-examined.
(2) When the examination of all witnesses in support of the charge has been completed, the defaulter or the defence representative may address the appropriate tribunal for the purpose only of showing that no prima facie case has been established.
(3) If it appears to the appropriate tribunal that there is a prima facie case, it must ask if the defaulter wishes to—
(a) give evidence; and
(b) call witnesses.
(4) If the defaulter gives evidence, the defaulter may be cross-examined and re-examined, and any witness called by the defaulter may be examined, cross-examined and re-examined.
(5) At the close of the defence case, witnesses may be called with the consent of the appropriate tribunal to give evidence in rebuttal, and may be examined, cross-examined and re-examined.
(6) At the conclusion of all the evidence, the prosecutor or any barrister or solicitor assisting the prosecutor may address the appropriate tribunal and then the defaulter or the defence representative may address the appropriate tribunal in reply.
(7) The appropriate tribunal may—
(a) call witnesses; and
(b) ask any witness any question,
that it considers may assist it in determining the case.
(8) Evidence must not be taken on oath or affirmation.
(9) The defaulter, the defence representative, the prosecutor and any barrister or solicitor assisting the prosecutor may inspect any exhibit produced to the appropriate tribunal by a witness.
(10) The appropriate tribunal may adjourn the hearing from time to time, and if an application is made for an adjournment, the applicant must show to the satisfaction of the appropriate tribunal that the adjournment would serve the ends of justice.
(11) An adjournment granted under paragraph (10) must be for a reasonable period only.
(L.N. 59 of 2012)

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

22. Adding or amending charges
(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)

22A. 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)

23. 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)

23A. Award by single member tribunal
(1) If the appropriate tribunal consists of a single police officer (single member tribunal

23B. Board tribunal to send Defaulter Report to Commissioner
If the appropriate tribunal consists of a board appointed by the Commissioner or by the Secretary for the Civil Service and the defaulter has pleaded guilty or is found guilty, the appropriate tribunal must send the Defaulter Report to the Commissioner and inform the defaulter of that fact.
(L.N. 59 of 2012)

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

23C. Award or reference to Chief Executive by Commissioner
(1) If a case is referred to the Commissioner under regulation 23A(4)(b) or 23B, the Commissioner may make an award, and must—
(a) endorse the award on the Defaulter Report; and
(b) announce the award before the defaulter or communicate it in writing to the defaulter.
(2) If the Commissioner considers that the punishment which the Commissioner can award is insufficient, the Commissioner must not make an award, and the Commissioner must—
(a) endorse the Defaulter Report to that effect;
(b) forward the Defaulter Report to the Chief Executive under regulation 27; and
(c) inform the defaulter of the acts mentioned in subparagraphs (a) and (b).
(L.N. 59 of 2012)

24. 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 endorse its finding or award after the review on the Defaulter Report.
(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)

24A. 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》

25. Punishment of inspectors
(1) An inspector 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 punished by the appropriate tribunal with—
(a) caution; or
(b) reprimand.
(2) In place of or in addition to a punishment under paragraph (1), an inspector may be punished by the Commissioner with—
(a) in the case of a chief inspector, reduction in rank to senior inspector or inspector;
(b) in the case of a senior inspector, reversion in rank to inspector;
(c) severe reprimand; or
(d) deferment or stoppage of increment; or
(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.
(3) If a case is referred to the Commissioner under regulation 23A(4)(b) or 23B, the Commissioner may award any of the punishments referred to in paragraphs (1) and (2).
(L.N. 59 of 2012)