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

3. Disciplinary Offences
A member commits a disciplinary offence who—
(a) is absent from duty without leave or good cause;
(b) sleeps on duty without permission from a superior officer;
(c) fails to report immediately to a superior officer any suspected breach of discipline by another member;
(d) fails to report immediately to a superior officer or a police officer any offence which he suspects has been committed against an Ordinance specified in Schedule 2 to the Ordinance;
(e) neglects or refuses to obey any lawful order given by a superior officer whether orally or in writing, including any Standing Order made under section 20 of the Ordinance;
(f) is unfit for duty by reason of alcoholic drink or of drugs taken otherwise than under medical direction;
(g) neglects or without good and sufficient cause fails to do promptly and diligently anything which it is his duty to do;
(h) with intent to deceive, destroys, mutilates, falsifies or conceals a document connected with his duty;
(i) with intent to deceive, makes a statement in the course of duty which is false in a material particular;
(j) in purported exercise of authority, does or omits to do any act otherwise than in accordance with law;
(k) wilfully or negligently damages or destroys or negligently loses any Government or other property with which he has been provided or entrusted;
(l) by his conduct brings the public service into disrepute;
(m) by his conduct prejudices the good order and discipline of the Customs and Excise Service.

4. Preliminary procedure
If the Commissioner believes that a subordinate officer may have committed a disciplinary offence he shall inform the officer of the circumstances giving rise to his belief and invite the officer to submit an explanation in writing within a specified period not exceeding 7 days.

4A. Admonishment procedure if offence admitted
(1) Where the Commissioner under rule 4 also informs the officer that if he admits the disciplinary offence he may be admonished, and the officer does admit the offence, the Commissioner shall not prefer a charge under rule 5 and he may in writing admonish the officer.
(2) Even if the Commissioner does not so inform the officer under subrule (1), and the officer admits the disciplinary offence, the Commissioner may in writing admonish the officer instead of preferring a charge under rule 5.
(L.N. 118 of 1989)

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

5. Charging and plea
(1) If, after the expiration of the period referred to in rule 4, the Commissioner considers there is a prima facie case of a disciplinary offence against the officer he shall, unless he has admonished the officer under rule 4A— (L.N. 118 of 1989)
(a) prefer against him such charge or charges, relevant to the circumstances referred to in rule 4, as he thinks fit; and
(b) either state that he will hear and determine the proceedings himself or appoint another senior officer to hear and determine the proceedings.
(2) A charge shall be in writing and shall be served on the officer together with a notice—
(a) naming the senior officer who will hear and determine the proceedings;
(b) stating the place and time at which the charge will be dealt with, being a time not earlier than 7 days from the date of service of such notice;
(c) requiring the officer, in respect of each charge, to notify the senior officer referred to in paragraph (a), in writing within 5 days of such service whether he pleads guilty or not guilty;
(d) advising him that if he pleads guilty he may make submissions in writing in mitigation of punishment.

5A. Appointment of prosecutor
The Commissioner must appoint for the purposes of the proceedings under these Rules against an officer charged a prosecutor who is a member not below the rank of the officer charged.
(L.N. 63 of 2012; E.R. 1 of 2022)

6. Representation of officer charged at hearing
(1) An officer charged may be represented at a hearing by—
(a) a subordinate officer of the choice of the officer charged, other than a subordinate officer who is a barrister or solicitor;
(b) (subject to the Commissioner’s approval) a barrister or solicitor; or
(c) any other person of the choice of the officer charged who is approved by the Commissioner for the purpose,
and the person specified in paragraph (a), (b) or (c) may conduct the defence on behalf of the officer charged.
(2) If the Commissioner gives approval under subrule (1)(b), the officer charged may be represented at the hearing by a barrister or solicitor of the officer’s choice.
(3) Despite subrule (1), the officer charged must attend the hearing in person.
(4) If the officer charged is represented at the hearing by a barrister or solicitor, the Commissioner and the prosecutor may separately be assisted by a barrister or solicitor at the hearing.
(L.N. 63 of 2012)

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

7. Documents to be supplied to officer charged
An officer charged must, as soon as possible, be supplied with—
(a) a copy of any written statement made by the officer under rule 4;
(b) a copy of—
(i) the report, allegation or complaint on which the charge is founded or that part of the report, allegation or complaint relating to the officer; and
(ii) any report on the document specified in subparagraph (i),
whether or not those documents are classified confidential;
(c) a copy of any statement relating to the charge made by any witness to be called in support of the charge, and the witness’s name and address; and
(d) a copy of any statement relating to the charge made by any person (other than a witness to be called in support of the charge) to the Commissioner or to any person acting on the Commissioner’s behalf, and the name and address of the person making that statement.
(L.N. 63 of 2012)

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

8. Procedure at hearing
(1) An officer charged must attend at the place of hearing at the time of which notice has been given.
(2) The Commissioner must read the charge to the officer charged, who may then change his or her plea, if he or she so wishes.
(3) If the officer charged pleads guilty, the plea is to be entered on the official record of proceedings, and the Commissioner must ask if the officer wishes to make any statement.
(4) The officer charged may then—
(a) make a statement, which must be recorded on the official record of proceedings; or
(b) hand in a statement of matters which the officer wishes to be taken into consideration by the Commissioner.
(5) If the officer charged pleads not guilty, the prosecutor or any barrister or solicitor assisting the prosecutor may make an address setting out generally the facts of the case and may call witnesses in support of the charge, and those witnesses may be cross-examined and re-examined.
(6) The Commissioner may take the evidence of a witness by reference to a written statement made by the witness, which may be amended or added to by the witness at the hearing.
(7) When the prosecutor or any barrister or solicitor assisting the prosecutor has examined all witnesses in support of the charge, the officer charged or the defence representative may address the Commissioner only for the purpose of showing that no prima facie case has been established.
(8) If it appears to the Commissioner that there is a prima facie case, the Commissioner must ask if the officer charged wishes to give evidence and call witnesses.
(9) If the officer charged gives evidence, the officer may be cross-examined and re-examined and any witness called by the officer may be examined, cross-examined and re-examined.
(10) At the conclusion of all the evidence, the prosecutor or any barrister or solicitor assisting the prosecutor may address the Commissioner and then the officer charged or the defence representative may make an address in reply.
(11) The Commissioner may ask any witness any question that the Commissioner considers will assist in determining the issues raised.
(12) The Commissioner may at any time call any witness whom the Commissioner considers may be able to assist in determining the issues raised.
(13) Evidence must not be taken on oath or affirmation.
(14) The officer charged, the defence representative, the prosecutor and any barrister or solicitor assisting the prosecutor may inspect any exhibit produced to the Commissioner by a witness.
(15) The Commissioner may adjourn the hearing from time to time as the Commissioner considers necessary for the proper determination of the proceedings.
(L.N. 63 of 2012)