POLICE REGULATIONS (DISCIPLINE)

POLICE REGULATIONS (DISCIPLINE)

POLICE FORCE.

POLICE REGULATIONS (DISCIPLINE).

(Cap. 232, section 40).
(Ordinance No. 41 Of 1948).

[12th November, 1948.]

PART I

Inspectom.

1. When it appears to the officer in charge of the
division or branch under-whose command an Inspector is
employed, or to the Director of Criminal Investigation that
there is a prima facie case of breach of discipline the
Inspector shall be informed thereof and invited to submit
his explanation in writing within a reasonable specified
period not exceeding seven days. After the expiry of such
period the facts of the case together with any documents
received from the Inspector shall be forwarded to the Com-
missioner through a Deputy Commissioner.

2. The Commissioner will determine whether a charge
or charges shall be preferred against the Inspector and if a
charge is to be preferred the nature of the charge and whether
the charge or charges shall be preferred before a magistrate.
In cases other than where the Commissioner has determined
that a charge shall be preferred before a magistrate the
charge or charges shall be served upon the Inspector and
a notice shall be given to him that he is required to plead
guilty or not guilty thereto unequivocally in writing and to
each charge separately if there is more than one within seven
days, and that if he. desires to plead guilty he may com-
municate in writing any matter which he desires to be taken
into consideration in connexion therewith. If an Inspector
pleads not guilty he shall be informed that the case will be
heard on a date specified being a date not earlier than seven
days from the date of service of such notice.

3. (1) The Commissioner shall either hear the case
himself or depute an officer not below the rank of Deputy
Commissioner to do so or appoint a Board consisting of two





gazetted. officers naming the President neither of whom shall
be the originator of the- complaint leading to the charge or
charges or be a person who has assisted in the investigation
of the complaint : Provided that in cases where the Com-
missioner in his sole discretion considers that exceptional
circumstances so warrant he may at the request of the,
Inspector, against whom a disciplinary charge has been laid
apply to the Colonial Secretary for the appointment of a
Board of three public servants to hear the case and the
Colonial Secretary shall appoint such a Board comprising
such persons as he may think fit, naming the President, and
such a Board shall comply with these regulations.

(2) The manner in which the case shall be heard arid
the names of members of any Board shall be communicated
to the Inspector at least two days prior to the day on which
the hearing is to commence.

4. An Inspector charged with a breach of discipline,
hereafter in these regulations referred to as the Inspector
charged, may after being informed of the manner in which
the case shall be heard-
(a)apply to the Commissioner that the case shall be
heard by a Board instead of a single officer or apply
that the constitution of the Board appointed shall
be changed but only on grounds of interest or
partiality which shall be fully set out ;
(b)such application shall be made in writing and before
the day on which the hearing is to commence and
if the Commissioner accedes to the application he
may exercise his power to determine by whom the
case be heard as though no earlier determination had
been made by him.

5. The Commissioner may appoint a prosecutor and
the Inspector charged shall, whether a prosecutor is
appointed or not, have the right to be represented by another
Inspector who may conduct his defence on his behalf. No
barrister or solicitor may appear on behalf of an Inspector
charged.

6. An Inspector charged shall be given copies of or
reasonable access to such police records and other documents





as he requires which are necessary to enable him to prepare
his defence but not including such as would be privileged
from compulsion to produce in a court of law.

7. (1) Where the Inspector charged has pleaded not
guilty to any charge he shall, attend at the place of hearing
at the time and on the date of which notice of hearing has
been given.

(2) The charge or charges shall be read over and the
Inspector charged may if he wishes change his plea.

(3) If the Inspector charged pleads guilty such plea
shall be entered on the record and shall be asked if he wishes
to make a statement. He may then make a statement which
shall be recorded or hand in a statement of matters which he
desires to be taken into consideration.

(4) In all cases where an Inspector charged has pleaded
not guilty to any charge the prosecutor may address the
officer or Board setting out generally the facts of the case
and witnesses shall be called in support of the charge or
charges and on conclusion of the evidence of each such
witness the Inspector charged may cross-examine such
witness and thereafter the witness may be re-examined.

(5) When the examination of all witnesses in support of
the charge has been completed the Inspector charged may
address the officer or Board for the purpose only of showing
that no prima facie casebas been established and if it appears
to the Tribunal that there is a prima facie case the Inspector
charged shall be asked whether he wishes to give evidence,
and whether he wishes to call witnesses.

(6) If the Inspector charged wishes to give evidence,
after doing so lie may be cross-examined and re-examined
and thereafter such witnesses as he desires to call may be
examined, cross-exatnined and re-examined.

(7) Thereafter with the consent of the officer or Board
bearing the case witnesses to give evidence in rebuttal may
be examined, cross-examined and re-exaniined. At the con-
elusion of all the evidence the Inspector charged may address
the officer or Board and thereafter the prosecutor may address
the officer or Board in reply.





(8) Such exhibits as rre produced by witnesses shall be
available for inspection by the Inspector charged and the
prosecutor.

(9) The officer or any member of a Board hearing the
ease shall be entitled to ask such questions of any witness
as he considers will assist in determining the issues raised
and shall be entitled to call such witnesses at any time as
he considers may be able to assist in the determination of
the issues.

(to) The officer or Board hearing the case may adjourn
the case from time to time but where an application is made
for an adjournment it shall be shown by the applicant that
such course would serve the ends of justice and the adjourn-
ment shall be for a reasonable period only.

(ii) The officer or Board hearing the case shall keep a
record of the evidence heard which shall be signed and dated
by the officer or President of the Board hearing the case
and the interpreter, if any, on each adjournment and on the
termination of the hearing.

(12) Evidence shall not betaken on oath.

8. (1) When the hearing of the evidence has con-
cluded the officer or Board shall come to a finding as to
whether the accused is guilty of the misconduct charged or
otherwise, and-
(a)if heard by the Commissioner he may give his
finding forthwith and if the Inspector charged is
found guilty award such punishment as he thinks
fit or he may reserve his finding or award and com-
municate the finding and award if any in Person to
the Inspector charged;
(b)if heard by another officer or a Board the Inspector
charged shall be informed that the finding will be
communicated to him in due course, and the record
together with the finding shall be communicated to
the Commissioner, whereon the Commissioner shall
inform the Inspector charged in person of the find-
ing and his award, if any.

(2) Where the Inspector charged has pleaded guilty in
writing the Commissioner may inform him that his plea of





guilty has been accepted which shall operate in all respects
as a finding of guilt by an officer or Board constituted under
regulation 3 or he may direct that a plea of not guilty be
entered and the charge shall be heard as though the Inspector
charged had pleaded not guilty.

(3) Where the Commissioner considers that the punish-
ment which he can award is insufficient to meet the case he
shall not inake an award but cause the charge, plea thereon
and any statement in mitigation or the record, finding and
his reasons for not making an award thereon to the Governor
and the Governor without prejudice to his other powers
thereunder may order the dismissal of the Inspector under
section 14 Of tile Police Force Ordinance, or the Governor
may remit the case to the Commissioner to make an award
and the Commissioner shall make his award.

9. It shall be competent for the officer or Board hearing
the case at any time within seven days of the communication
of the finding to review the case and to conic to a fresh
finding and such a finding shall operate for all purposes
except the provisions of this regulation as though it had been
the only finding. Review under this regulation shall be in
the sole discretion of the officer or Board hearing the case
and may be on such officer or Board's own motion or on
application by either party to the proceedings made to such
officer or the President of the Board in writing.

10. A charge may be amended or a further charge added
at any time prior to a finding being communicated to the
inspector charged or of such Inspector being informed that
a finding will be communicated to him whichever is earlier :
Provided that in such event the amended or new charge
shall be read and explained. to such Inspector that such
Inspector shall be called upon to plead to such amended or
new charge and shall be entitled to a reasonable adjourn-
ment to prepare his further defence and shall be entitled
to recall any witnesses and call such further witnesses as he
may desire. Any witness giving evidence under this
regulation may be cross-examined and re-examined.





PART II

Non-Commissioned Officers and Conslables.

11. When it appears to a police officer not below the
rank of Sub-Inspector that there is a prima facie case of
breach of discipline against a non-commissioned officer or
constable an appropriate charge or charges in respect thereof
will be entered in a document which shall be headed
Defaulter Report.and shall be the record of the case, by such
police officer and the non-commissioned officer or constable,
hereinafter referred to as a defaulter, shall be notified verbally
of the charge and of the time of hearing, which shall not
be earlier than the day following And also of the place of
hearing hereinafter referred to as the Orderly Room.

12. Proceedings in the Orderly Room shall be con-
ducted by a Commanding Officer or by a Police Officer
authorized under regulation iS hereof and the charge or
charges shall be read over to the defaulter who shall be
required to plead unequivocally, guilty or not guilty thereto
and to each charge separately if there is more than one, and
such plea shall be recorded.

13. If the defaulter prior to the hearing objects to such
officer hearing the case on the ground of partiality or bias
he shall set out his grounds in full in writing and deliver
this to that officer who shall not commence the bearing of
the case but shall forward the document to the Commissioner
who in his sole discretion may appoint another officer to
hear the case.

14. The provisions of paragraphs (3) to (12) of regula-
tiOn 7 Shall apply to a defaulter who pleads not guilty.

15. The officer conducting the hearing may, at the con-
clusion of the hearing announce his finding on the charges
or may reserve his finding. The finding shall be entered on
the Defaulter Report, and if the finding has been reserved
he shall call the.defaulter before him to announce his finding.
The officer hearing the case may then make his award which
he shall endorse on the Defaulter Report and communicate
personally to the defaulter. If he finds accused guilty or
the accused pleads guilty and if he considers that the punish-





ment which he can award is insufficient to meet the case
he shall not make an award but shall endorse the Defaulter's
Report accordingly and send the Defaulter's Report to the
Commissioner of Police and shall inform the defaulter
accordingly, and the Commissioner shall make an award in
writing and communicate it to the officer making the finding
who shall inform the defaulter in person.

16. The provisions of regulations 9 and 10 shall apply
inutatis mutandis to proceedings hereunder against a
defaulter.

17. The police officers other than Commanding Officers
who may hear and determine charges against a defaulter
under subsection (I) of section 28 of the Police Force
Ordinance, shall be gazetted police officers in charge of a
division or lawfully acting in such an appointment except
that no such officer may hear a charge of conduct against
paragraph (j), (l) or (m) of the said subsection.

18. A police officer authorized to hear and determine
charges against a defaulter shall not unless he is a Command-
ing Officer award a punishment other than or in excess of-
(a) forfeiture Of 7 days pay;
(b) confinement to barracks for 7 days;
(c) compulsory performance of extra duties or drills;
(d)such fatigue duties as may be prescribed in the
Police General Orders.

PART III

General.
19. An award of any kind shall take effect from the date
of communication of the award except that in the case of
good conduct allowance, if the award is after the 15th day
of the month, forfeiture shall date from the 1st day of the
next succeeding month and if the award is on or before the
15th day of the month the forfeiture shall date from the 1st
day of that month.

20. These regulations may be cited as the Police
Regulations (Discipline).
G.N.A. 278/48. Preliminary Procedure. Charging and plea. Hearing. [r. 3 cont.] Partiality of tribunal. Representation. Access to records and documents. Procedure [r. 7 cont.] Proceedings after hearing. (Cap. 232.) Review Adding or amending charges. Preliminary procedure. Hearing. Objection to officer hearing the case. Procedure on hearing. Proceedings after hearing. Review and adding or amending charges. Officer authorized to hear a charge. (Cap. 232.) Powers of officers other than Commanding Officers. Effect of award. Citation.

G.N.A. 278/48. Preliminary Procedure. Charging and plea. Hearing. [r. 3 cont.] Partiality of tribunal. Representation. Access to records and documents. Procedure [r. 7 cont.] Proceedings after hearing. (Cap. 232.) Review Adding or amending charges. Preliminary procedure. Hearing. Objection to officer hearing the case. Procedure on hearing. Proceedings after hearing. Review and adding or amending charges. Officer authorized to hear a charge. (Cap. 232.) Powers of officers other than Commanding Officers. Effect of award. Citation.

https://oelawhk.lib.hku.hk/items/show/2078

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