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

6. Objection to tribunal
(1) If a defaulter objects to an appropriate tribunal on the grounds of partiality or bias—
(a) (where the appropriate tribunal is a superintendent appointed by a senior police officer) the defaulter may, within 7 days from the date of service of a notice under regulation 5(3), apply to the senior police officer for—
(i) an application to be made under regulation 5(2)(b) for the Commissioner’s direction that the case be heard by a board instead of by a single police officer; or
(ii) the appointment of another appropriate tribunal consisting of a single police officer;
(b) (where the appropriate tribunal is not a superintendent appointed by a senior police officer) the defaulter may, within 7 days from the date of service of a notice under regulation 5(3), apply to the Commissioner—
(i) to direct that the case be heard by a board instead of by a single police officer; or
(ii) to change any single police officer appointed by the Commissioner or by a senior police officer or to change a member of the board appointed by the Commissioner.
(2) A senior police officer may, on receiving an application made under paragraph (1)(a)—
(a) reject the application;
(b) apply to the Commissioner to appoint a board to be the appropriate tribunal; or
(c) appoint another appropriate tribunal consisting of a single police officer.
(3) The Commissioner may, on receiving an application made under paragraph (1)(b) or (2)(b)—
(a) reject the application;
(b) direct that the case be heard by a board appointed by the Commissioner instead of by a single police officer; or
(c) appoint another appropriate tribunal.
(4) An application under paragraph (1) must be made in writing, and the hearing must not be commenced before the determination of the application.
(L.N. 59 of 2012)

7. Access to records and documents
A defaulter must be given copies of or reasonable access to any police records and other documents which the defaulter requires, and are necessary to enable the defaulter to prepare the defence, but not including those records for which the Government claims privilege.
(L.N. 59 of 2012)

7A. Appointment of prosecutor
The Commissioner must appoint a prosecutor for the purposes of proceedings against a defaulter under this Part.
(L.N. 59 of 2012)

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

7B. Representation of defaulter at hearing
(1) A defaulter may be represented at a hearing by—
(a) an inspector, or a junior police officer, of the defaulter’s choice;
(b) any other police officer of the defaulter’s choice who is a barrister or solicitor;
(c) (subject to the Commissioner’s approval) a barrister or solicitor who is not a police officer; or
(d) any other person of the defaulter’s choice who is approved by the Commissioner for the purpose,
and the person specified in subparagraph (a), (b), (c) or (d) may conduct the defence on the defaulter’s behalf.
(2) If the Commissioner gives approval under paragraph (1)(c), the defaulter may be represented at the hearing by a barrister or solicitor of the defaulter’s choice.
(3) Despite paragraph (1), a defaulter must attend a hearing in person.
(4) If a defaulter is represented at a hearing by a barrister or solicitor, the appropriate tribunal and the prosecutor may separately be assisted by a barrister or solicitor at the hearing.
(L.N. 59 of 2012)

8. Plea of defaulter
(1) At the hearing, the appropriate tribunal must read to the defaulter any charge against him or her.
(2) The defaulter must plead in person guilty or not guilty to the charge, or to each charge separately if there is more than one, unequivocally.
(3) The appropriate tribunal must enter the plea or pleas on the official record of proceedings.
(L.N. 59 of 2012)

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

9. Procedure at 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)