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

1. Citation
These regulations may be cited as the Police (Discipline) Regulations.

2. Interpretation
In these regulations, unless the context otherwise requires—
appropriate tribunal (適當審裁體) in relation to an inspector has the meaning assigned to it by regulation 16, and in relation to a junior police officer has the meaning assigned to it by regulation 4;
barrister (大律師) has the meaning given by section 2(1) of the Legal Practitioners Ordinance (Cap. 159); (L.N. 59 of 2012)
defaulter (違紀者) means a police officer charged with a disciplinary offence;

Defaulter Report (違紀者報告) means the record of the case against—
(a) a police officer against whom a disciplinary charge is intended to be laid under regulation 5(1) or 17(1); or
(b) a defaulter; (L.N. 59 of 2012)

defence representative (辯護代表) means a person specified in regulation 7B(1)(a), (b), (c) or (d) or 18C(1)(a), (b), (c) or (d) who represents a defaulter at a hearing; (L.N. 59 of 2012)
disciplinary offence (違紀行為) means a disciplinary offence specified in regulation 3(2); (L.N. 59 of 2012)
Force Discipline Officer (警隊紀律主任) means a police officer appointed by the Commissioner to be Force Discipline Officer for the purposes of these regulations; (L.N. 305 of 1982)
hearing (聆訊) means a hearing conducted in respect of a disciplinary offence; (L.N. 59 of 2012)
inspector (督察) means an inspector, senior inspector or chief inspector;
junior police officer (初級警務人員) means a police officer below the rank of inspector;
official record of proceedings (程序正式紀錄) means a written record of the proceedings of a hearing made under regulation 10A(1) or 22A(1); (L.N. 59 of 2012)
senior police officer (高級警務人員) means a chief superintendent, assistant commissioner or senior assistant commissioner;
solicitor (律師) has the meaning given by section 2(1) of the Legal Practitioners Ordinance (Cap. 159); (L.N. 59 of 2012)
superintendent (警司) includes senior superintendent.

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

3. Disciplinary offences
(1) Any inspector or junior police officer who commits any disciplinary offence specified in paragraph (2), and—
(a) pleads guilty before an appropriate tribunal; or
(b) is found guilty by an appropriate tribunal,
may be punished by such tribunal in accordance with these regulations.
(2) The offences against discipline are—
(a) absence from duty without leave or good cause;
(b) sleeping on duty;
(c) conduct to the prejudice of good order and discipline;
(d) cowardice in the performance of duty;
(e) contravention of police regulations, or any police orders, whether written or verbal;
(f) insubordination;
(g) being unfit for duty through intoxication;
(h) neglect of duty or orders;
(i) malingering;
(j) making a statement which is false in a material particular in the course of his duty or in connexion with the discharge by the police force of any of its duties or functions;
(k) unlawful or unnecessary exercise of authority resulting in loss or injury to any other person or to the Government;
(l) wilful destruction or negligent loss of or injury to Government property;
(m) conduct likely to bring the public service into disrepute. (L.N. 59 of 2012)

3A. Interpretation in this Part
For the purposes of this Part—
appointed officer (受委人員) means an officer appointed under regulation 3B(2) to conduct proceedings under this Part;
appropriate officer (適當人員) means, where the alleged offender is a junior police officer, a superintendent, and where the alleged offender is an inspector, a senior police officer;
minor offence (輕微違紀行為) means a disciplinary offence which, having regard to the alleged offender’s record and the circumstances of the case, as established to the satisfaction of an appropriate officer, would, if admitted, merit no punishment under these regulations other than a written admonishment.

3B. Minor Offences
(1) Where it appears to an appropriate officer that there is a prima facie case of a minor offence on the part of an inspector or junior police officer, a statement of the facts in respect thereof may be entered on a document entitled Minor Offences Report which shall be the record of the case against such inspector or junior police officer.
(2) A senior police officer shall appoint a superintendent to conduct proceedings under this Part against an alleged offender who is an inspector and a superintendent shall appoint an inspector to conduct proceedings under this Part against an alleged offender who is a junior police officer.

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

3C. Procedure for minor offences
(1) The alleged offender shall appear before the appointed officer in person and shall be called upon to admit or deny the statement of facts in respect of the alleged minor offence and shall be advised that if he admits the facts he will receive a written admonishment. (L.N. 59 of 2012)
(2) If the alleged offender admits the facts the appointed officer shall endorse the Minor Offences Report accordingly and issue a written admonishment to the offender.
(3) If the alleged offender denies the facts the appointed officer shall endorse the Minor Offences Report accordingly and return it to the appropriate officer.
(4) If a Minor Offences Report is returned to the appropriate officer under paragraph (3), a charge or charges shall be heard, in the case of an alleged offender who is a junior police officer, under Part II, and in the case of an alleged offender who is an inspector, under Part III.
(5) (Repealed L.N. 59 of 2012)

4. Appropriate tribunal
(1) For the purposes of this Part—

appropriate tribunal (適當審裁體) means—
(a) a single police officer not below the rank of superintendent appointed by the Commissioner or by a senior police officer; or 
(b) a board appointed by the Commissioner.

(2) If the appropriate tribunal is to be a board appointed by the Commissioner, the Commissioner must appoint a board consisting of a superintendent and a chief inspector, and name the superintendent as the President of the board.
(3) A senior police officer may apply to the Commissioner to appoint a board to be the appropriate tribunal, and on the application the Commissioner may either appoint a board under paragraph (2) or refer the case back to that senior police officer to be heard by a single police officer not below the rank of superintendent appointed by the Commissioner or by a senior police officer.
(4) No person who originates a complaint leading to a charge or assists in the investigation of the complaint may act as the appropriate tribunal or become a member of the appropriate tribunal hearing the charge.
(L.N. 59 of 2012)

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

5. Preliminary procedure
(1) If it appears to a police officer of or above the rank of sergeant that a disciplinary charge should be laid against a junior police officer subordinate to him or her in rank, the appropriate charge intended to be laid against the junior police officer must be entered in the Defaulter Report, and the junior police officer must be informed of the intended charge as soon as practicable.
(2) If a disciplinary charge is laid against a junior police officer, a senior police officer may—
(a) direct that the charge be heard by an appropriate tribunal consisting of a single police officer; or
(b) apply to the Commissioner to appoint a board to be the appropriate tribunal.
(3) The junior police officer must be served with a notice in writing specifying—
(a) the charge;
(b) (if the charge is to be heard before an appropriate tribunal consisting of a single police officer) the name of the officer constituting the appropriate tribunal;
(c) (if the charge is to be heard before an appropriate tribunal consisting of a board) the names of the persons constituting the board;
(d) the place of the hearing; and
(e) the time and date of the hearing, which must not be earlier than 7 clear days after service of the notice.
(L.N. 59 of 2012)