Hong Kong Regulations

POLICE (DISCIPLINE) REGULATIONS - REGULATION 23

Proceedings after hearing

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 76 of 1999 s. 3

(1) The appropriate tribunal conducting the hearing shall at the conclusion of
the hearing announce its finding on the charges or shall reserve its finding.
The finding shall be entered on the record and if the finding has been
reserved the appropriate tribunal shall call the defaulter before it to
announce its finding.

(2) If the defaulter has pleaded guilty or is found guilty, he shall be asked
if he wishes to make or produce a statement which shall then be made or
produced to the appropriate tribunal and such statement shall contain such
relevant matters as he desires to be taken into consideration.

(2A) Where the appropriate tribunal is a board appointed by the Chief
Secretary for Administration or a board appointed by the Commissioner and the
defaulter has pleaded guilty or is found guilty, the board shall endorse its
findings on the record and send the record to the Commissioner to make an
award. (L.N. 305 of 1982; L.N. 362 of 1997)

(3) If a defaulter has pleaded guilty or is found guilty, the
appropriate tribunal, other than a board, shall then announce its award or
shall reserve its award. The award shall be endorsed on the record, and if the
award has been reserved the appropriate tribunal shall call the defaulter
before it to announce its award.

(3A) If the defaulter has pleaded guilty or is found guilty and the
appropriate tribunal, other than a board, considers that no punishment should
be awarded it shall-

   (a)  endorse the record to that effect; and

   (b)  advise the defaulter personally of the endorsement. (L.N. 305 of 1982)

(4) Where a defaulter has pleaded guilty or has been found guilty, and the
appropriate tribunal, other than a board, considers that the punishment which
it can award is insufficient, the record shall be endorsed accordingly and
shall be sent to the Commissioner and the defaulter shall be informed of this
action.

(5) Where the appropriate tribunal is a senior police officer or
superintendent and the defaulter pleads guilty or is found guilty, it may make
an award which it shall-

   (a)  endorse on the record; and

   (b)  communicate together with the finding personally to the defaulter.

(6)-(7) (Repealed L.N. 305 of 1982)

(8) Where the case is referred to the Commissioner under paragraph

(2A) or (4) the Commissioner may make an award which he shall endorse on the
record and announce personally or communicate in writing to the defaulter, and
where the Commissioner considers that the punishment which he can award is
insufficient, he shall endorse the record accordingly and shall forward such
record to the Chief Executive under regulation 27. (76 of 1999 s. 3) (L.N. 305
of 1982)