Hong Kong Regulations

POLICE (DISCIPLINE) REGULATIONS - REGULATION 26

Appeals by inspectors

(Past version on 30/06/1997).

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

(1) An inspector may within 14 days of the announcement to him by, or, as the
case may be, the receipt of a communication from, the Commissioner or an
appropriate tribunal of any finding or punishment-

   (a)  where the appropriate tribunal was a board appointed by the
        Commissioner or the Chief Secretary for Administration, appeal to the
        Chief Executive by petition which shall contain such representations
        as may be relevant; and (L.N. 362 of 1997)

   (b)  in any other case, appeal in writing to the Commissioner. (L.N. 305 of
        1982)

(2) Any inspector who has appealed to the Commissioner under paragraph (1)
and-

   (a)  has been awarded any punishment by the Commissioner under regulation
        25(1) or (2); or

   (b)  is aggrieved by any other decision made by the Commissioner, may,
        within 14 days of the receipt of communication of such award or
        decision, appeal to the Chief Executive by petition which shall
        contain such representations as may be relevant.

(3) Upon any appeal under paragraph (1) or (2), the Chief Executive may- (L.N.
305 of 1982)

   (a)  confirm or remit the punishment awarded by the Commissioner;

   (b)  substitute in its place any punishment the Commissioner could have
        awarded;

   (c)  confirm, vary or revoke any other decision made by the Commissioner;
        or

   (d)  set aside any finding of an appropriate tribunal if in all the
        circumstances of the case he considers justice so requires and either-

        (i)    award such punishment as is warranted by any finding which has
               not been set aside; or

        (ii)   award no punishment if there is no such finding.

(4) The Chief Executive's decision upon any appeal under paragraph

(1) or (2) and upon any reference under regulation 27 shall be communicated to
the Commissioner and to the inspector by the Chief Secretary for
Administration. (L.N. 305 of 1982; L.N. 362 of 1997)

(5) The Commissioner may, upon any appeal by an inspector under paragraph (1)
or of his own motion- (L.N. 305 of 1982)

   (a)  confirm any finding of guilty or substitute a finding of not guilty;

   (b)  confirm any award or vary any award by substituting an award specified
        in regulation 25(1) or (2) except that no greater award shall be made
        unless the inspector is given an opportunity to show cause why the
        award should not be increased; (L.N. 305 of 1982)

   (ba) forward a report to the Chief Executive under regulation 27; (L.N. 305
        of 1982)

   (c)  remit any punishment awarded; or

   (d)  order a rehearing of the case on the same or other charges before
        another appropriate tribunal.

(6) In every case where an appeal has been lodged any punishment awarded
(other than a severe reprimand, reprimand or caution) shall be suspended
pending the determination of the appeal. (L.N. 305 of 1982)

(76 of 1999 s. 3)