Hong Kong Regulations

POLICE (DISCIPLINE) REGULATIONS - REGULATION 21

Hearing

(1) When the defaulter has pleaded not guilty and evidence for the prosecution
is called, witnesses shall be called in support of the charge or charges and
on the conclusion of the evidence of each such witness the defaulter or any
person appearing on his behalf may cross-examine such witness who may then be
re-examined by the prosecutor.

(2) When the examination of all witnesses in support of the charge or charges
has been completed the defence may address the appropriate  tribunal for the
purpose only of showing that no prima facie case has been established and if
it appears to the tribunal that there is a prima facie case the defaulter
shall be asked whether he wishes to-

   (a)  give evidence; and

   (b)  call witnesses.

(3) If the defaulter gives evidence he may be cross-examined and re-examined
and such witnesses as he wishes to call may be examined, cross-examined and
re-examined.

(4) At the close of the defence case witnesses may be called with the consent
of the appropriate tribunal hearing the case to give evidence in rebuttal and
may be examined, cross-examined and re-examined, and at the conclusion of all
the evidence the prosecutor may address the tribunal and thereafter the
defence may address the tribunal in reply. (L.N. 305 of 1982)

(5) Such exhibits as are produced by witnesses shall be available for
inspection by the defence and the prosecutor.

(6) Notwithstanding this regulation, the appropriate tribunal hearing the case
may-

   (a)  call any witness;

   (b)  ask such questions of any witness, as it considers will assist in
        determining the case.

(7) The appropriate tribunal may adjourn the case from time to time and where
an application is made for an adjournment it shall be shown by the applicant
that such a course would serve the ends of justice and any adjournment granted
shall be for a reasonable period only.

(8) The appropriate tribunal shall keep a record of the evidence heard which
shall be signed and dated by it and by the interpreter, if any, on each
adjournment and on the termination of the hearing.

(9) Evidence shall not be taken on oath or affirmation.