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

18. Punishment where criminal offence is committed
(1) The punishment of a subordinate officer who in criminal proceedings is found guilty of or pleads guilty to a criminal offence shall be in accordance with this rule.
(2) In the case of an inspector, the Commissioner shall as soon as practicable—
(a) refer the case to the Chief Executive; and
(b) notify the inspector that he has done so and that the inspector may make representations in writing to the Chief Executive in mitigation of punishment within 14 days of receiving such notice or within such further period as the Chief Executive may allow.
(3) In referring a case under subrule (2) the Commissioner shall send to the Chief Executive—
(a) a copy of the record of the criminal proceedings; (L.N. 63 of 2012)
(b) the inspector’s record of service; and
(c) his recommendation with respect to punishment or otherwise.
(4) The Chief Executive may, after considering any representations made by the inspector, impose any one or more of the punishments which he may impose under rule 15(b) in respect of a disciplinary offence by an inspector.
(5) In the case of a customs officer, the Commissioner shall notify the officer that he may make representations in writing in mitigation of punishment within 14 days of receiving such notice and, after considering any such representations, may impose any one or more of the punishments he may impose under rule 16 in respect of a disciplinary offence by a customs officer. (L.N. 42 of 1986)
(76 of 1999 s. 3)

18A. Summary dismissal of subordinate officer for absence from duty
Notwithstanding any other disciplinary provisions applicable to him under these Rules, where a subordinate officer is absent from duty without leave for a period exceeding 21 days and it is reported to the Chief Executive in the case of an inspector or to the Commissioner in the case of a customs officer that— (E.R. 5 of 2020)
(a) the officer cannot be traced; or
(b) on being required by notice in writing (sent to any address through which it may reasonably be expected to reach him) to give, within 14 days, an excuse for his absence, the officer has failed to give an excuse or to give an excuse that is acceptable to the Commissioner,
the Chief Executive or the Commissioner, as the case may be, may without further proceedings summarily dismiss the officer.
(L.N. 42 of 1986; 76 of 1999 s. 3)

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

19. Review
(1) Where a subordinate officer has been found guilty of a disciplinary offence or has been punished under these Rules by the Commissioner or another senior officer, the Commissioner may, of his own motion, within 14 days of the finding or the punishment (if it was imposed on a later day), review the finding or punishment or both, and within 14 days of the punishment he may review any punishment imposed following a plea of guilty to a disciplinary offence.
(2) Upon a review under this rule the Commissioner may, subject to rule 26, exercise any of the powers in rules 22(a), (b), (c) and (d) and 24(a) and (b).
(E.R. 5 of 2020)

20. Appeals
(1) A subordinate officer (including one who has been dismissed) may appeal, in accordance with the following rules, against—
(a) a finding by the Commissioner or other senior officer that he is guilty of a disciplinary offence;
(b) any punishment imposed by the Commissioner or other senior officer, other than under rule 22.
(2) A customs officer may also appeal, in accordance with the following rules, against a punishment imposed on him by the Commissioner or other senior officer under rule 18(5). (L.N. 42 of 1986)

21. To whom appeal lies
(1) The appeal shall lie—
(a) to the Chief Executive, in respect of a finding made or a punishment imposed by the Commissioner; and
(b) to the Commissioner in all other cases.
(2) The Chief Executive may delegate to the Secretary for the Civil Service, or to a public officer not below the rank of Director of Bureau, the determination of an appeal referred to in subrule (1)(a).
(76 of 1999 s. 3)

22. Powers of the Chief Executive and Commissioner on appeal
Upon an appeal, the Chief Executive or the Commissioner, as the case may be, may— (76 of 1999 s. 3)
(a) confirm or reverse the finding;
(b) confirm the punishment;
(c) subject to rule 26, substitute any other punishment which could have been imposed by him under rule 15 or 16; (L.N. 118 of 1989)
(d) remit the punishment in full or in part without substituting any other punishment;
(e) if he dismisses an appeal against a finding and no punishment has been imposed, treat the appeal as if it were a case referred to him for punishment and impose any punishment or take any other action within his powers.

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

23. Appeal to be made within 14 days
An appeal shall be made in writing within 14 days from the day on which the subordinate officer is informed that he has been found guilty of a disciplinary offence or from any day on which punishment is imposed.

24. Further evidence may be admitted
For the purpose of any appeal against a finding, the Chief Executive may— (L.N. 446 of 1994; 76 of 1999 s. 3)
(a) accept in whole or in part the record of the evidence already taken;
(b) direct that the whole or any part of the evidence be taken again or that additional evidence be taken,
and the Commissioner may, where the appeal lies to him, do any of those things and may also himself take the evidence or part thereof again or take the additional evidence.

25. Suspension of punishment pending appeal
In the event of an appeal, any punishment (other than a severe reprimand or reprimand) imposed on a subordinate officer shall be suspended until the appeal is disposed of, withdrawn or abandoned.

26. Greater punishment not to be imposed without opportunity to make representations
Neither the Chief Executive nor the Commissioner shall impose a greater punishment under rule 19(2) or 22 without first allowing the subordinate officer a reasonable opportunity to be heard or to make representations in writing as to why the punishment should not be increased.
(76 of 1999 s. 3)

### Animals (Control of Experiments) Regulations 《動物(實驗管制)規例》

1. Citation
These regulations may be cited as the Animals (Control of Experiments) Regulations.

2. Applications
Applications for a licence under section 7 of the Ordinance, an endorsement under section 8 of the Ordinance, a teaching permit under section 9 of the Ordinance and an endorsement under section 10 of the Ordinance shall be made in Form 1 of the Schedule to the Director of Health.
(L.N. 76 of 1989)

3. Forms of licences, etc.
Upon application being made in accordance with the provisions of regulation 2, the Director of Health may grant to the applicant a licence, endorsement or permit, as the case may be, in the forms numbered 2, 3, 4 and 5 in the Schedule with such variations, additions or conditions as he may think fit.
(L.N. 76 of 1989)

4. Records
Every licensee shall keep up-to-date a book in the form set out as Form 6 in the Schedule in which he shall record the particulars therein indicated of all experiments performed by him.

5. Returns
Every licensee shall render to the Director of Health on or before the 1st day of January each year a return in the form set out as Form 7 in the Schedule of all experiments performed by him during the preceding twelve months.
(L.N. 76 of 1989)