Hong Kong Regulations

GOVERNMENT FLYING SERVICE (DISCIPLINE) REGULATION - SECT 11

Procedure

(1) The Senior Officer appointed by the Controller to hear and determine a
charge shall constitute the disciplinary tribunal.

(2) The member charged shall attend before the disciplinary tribunal at the
place of hearing at the time of which notice has been given.

(3) The disciplinary tribunal shall read the charge to the member charged who
may change his plea.

(4) If the member charged pleads guilty, the disciplinary tribunal shall enter
the plea on the record and ask the member if he wishes to make a statement.

(5) The member may then make a statement, which shall be recorded, or may hand
in a statement of matters which he desires to be taken into consideration.

(6) If a member charged has pleaded not guilty to a charge, the prosecutor may
make an address setting out generally the facts of the case and may call
witnesses in support of the charge.

(7) On the conclusion of the evidence of each witness the member charged, or
the member defending him, may cross-examine the witness and the prosecutor may
re-examine the witness.

(8) The disciplinary tribunal may take the evidence of a witness by reference
to a written statement made by him which the witness may amend or add to and
be cross-examined on at the hearing.

(9) When the prosecutor has examined all witnesses in support of the charge
the member charged, or the member defending him, may address the disciplinary
tribunal only for the purpose of showing that the prosecutor has not
established a prima facie case.

(10) If the disciplinary tribunal considers that the prosecutor has
established a prima facie case, the disciplinary tribunal shall ask the member
charged whether he wishes to give evidence, and whether he wishes to call
witnesses.

(11) If the member charged, or any witness on his behalf, gives evidence, the
prosecutor may cross-examine him and his witnesses and the member and his
witnesses may be re-examined. (L.N. 119 of 1993)

(12) At the conclusion of all the evidence the prosecutor may address the
disciplinary tribunal and then the member charged, or the member defending
him, may make an address in reply.

(13) The member charged, the member defending him and the prosecutor shall be
entitled to inspect any exhibit produced by a witness.

(14) The disciplinary tribunal shall be entitled to ask such questions of any
witness as it considers will assist in determining the issues raised and may
call such witnesses at any time as it considers may be able to assist in the
determination of the issues.

(15) The disciplinary tribunal may adjourn hearing of the case from time to
time as it considers necessary for the proper determination of the
proceedings.

(16) The disciplinary tribunal shall take, or cause a person to take, a record
of the proceedings at the hearing of the case.

(17) If the member charged wishes to appeal under section 21, he may request a
copy of the record and the disciplinary tribunal shall transcribe the record
and supply a copy to the member.

(18) The disciplinary tribunal shall not take evidence on oath. (Enacted 1993)