POLICE (DISCIPLINE) REGULATIONS - CHAPTER 232A POLICE (DISCIPLINE) REGULATIONS - LONG TITLE Empowering section VerDate:30/06/1997 (Cap 232 section 45) [1 September 1977](L.N. 209 of 1977) (L.N. 179 of 1977) POLICE (DISCIPLINE) REGULATIONS - REGULATION 1 Citation VerDate:30/06/1997 PART I PRELIMINARY These regulations may be cited as the Police (Discipline) Regulations. POLICE (DISCIPLINE) REGULATIONS - REGULATION 2 Interpretation VerDate:30/06/1997 In these regulations, unless the context otherwise requires- "appropriate tribunal" (適當審裁體) in relation to an inspector has the meaning assigned to it by regulation 16, and in relation to a junior police officer has the meaning assigned to it by regulation 4; "defaulter" (違紀者) means a police officer charged with a disciplinary offence; "Force Discipline Officer" (警隊紀律主任) means a police officer appointed by the Commissioner to be Force Discipline Officer for the purposes of these regulations; (L.N. 305 of 1982) "inspector" (督察) means an inspector, senior inspector or chief inspector; "Junior police officer" (初級警務人員) means a police officer below the rank of inspector; "senior police officer" (高級警務人員) means a chief superintendent, assistant commissioner or senior assistant commissioner; "superintendent" (警司) includes senior superintendent. "appropriate tribunal" (適當審裁體) "defaulter" (違紀者) "Force Discipline Officer" (警隊紀律主任) "inspector" (督察) "Junior police officer" (初級警務人員) "senior police officer" (高級警務人員) "superintendent" (警司) POLICE (DISCIPLINE) REGULATIONS - REGULATION 3 Disciplinary offences VerDate:30/06/1997 (1) Any inspector or junior police officer who commits any disciplinary offence specified in paragraph (2), and- (a) pleads guilty before an appropriate tribunal; or (b) is found guilty by an appropriate tribunal, may be punished by such tribunal in accordance with these regulations. (2) The offences against discipline are- (a) absence from duty without leave or good cause; (b) sleeping on duty; (c) conduct to the prejudice of good order and discipline; (d) cowardice in the performance of duty; (e) contravention of police regulations, or any police orders, whether written or verbal; (f) insubordination; (g) being unfit for duty through intoxication; (h) neglect of duty or orders; (i) malingering; (j) making a statement which is false in a material particular in the course of his duty or in connection with the discharge by the police force of any of its duties or functions; (k) unlawful or unnecessary exercise of authority resulting in loss or injury to any other person or to the Government; (l) wilful destruction or negligent loss of or injury to Government property; (m) conduct calculated to bring the public service into disrepute. POLICE (DISCIPLINE) REGULATIONS - REGULATION 3A Interpretation in this Part VerDate:30/06/1997 PART IA JUNIOR POLICE OFFICERS AND INSPECTORS-MINOR OFFENCES For the purposes of this Part- "appointed officer" (受委人員) means an officer appointed under regulation 3B(2) to conduct proceedings under this Part; "appropriate officer" (適當人員) means, where the alleged offender is a junior police officer, a superintendent, and where the alleged offender is an inspector, a senior police officer; "minor offence" (輕微違紀行為) means a disciplinary offence which, having regard to the alleged offender's record and the circumstances of the case, as established to the satisfaction of an appropriate officer, would, if admitted, merit no punishment under these regulations other than a written admonishment. "appointed officer" (受委人員) "appropriate officer" (適當人員) "minor offence" (輕微違紀行為) POLICE (DISCIPLINE) REGULATIONS - REGULATION 3B Minor Offences VerDate:30/06/1997 (1) Where it appears to an appropriate officer that there is a prima facie case of a minor offence on the part of an inspector or junior police officer, a statement of the facts in respect thereof may be entered on a document entitled Minor Offences Report which shall be the record of the case against such inspector or junior police officer. (2) A senior police officer shall appoint a superintendent to conduct proceedings under this Part against an alleged offender who is an inspector and a superintendent shall appoint an inspector to conduct proceedings under this Part against an alleged offender who is a junior police officer. POLICE (DISCIPLINE) REGULATIONS - REGULATION 3C Procedure for minor offences VerDate:30/06/1997 (1) The alleged offender shall appear before the appointed officer and shall be called upon to admit or deny the statement of facts in respect of the alleged minor offence and shall be advised that if he admits the facts he will receive a written admonishment. (2) If the alleged offender admits the facts the appointed officer shall endorse the Minor Offences Report accordingly and issue a written admonishment to the offender. (3) If the alleged offender denies the facts the appointed officer shall endorse the Minor Offences Report accordingly and return it to the appropriate officer. (4) If a Minor Offences Report is returned to the appropriate officer under paragraph (3), a charge or charges shall be heard, in the case of an alleged offender who is a junior police officer, under Part II, and in the case of an alleged offender who is an inspector, under Part III. (5) No person shall appear on behalf of an alleged offender in proceedings under this Part. (Part IA added L.N. 305 of 1982) POLICE (DISCIPLINE) REGULATIONS - REGULATION 4 Appropriate tribunal VerDate:30/06/1997 PART II JUNIOR POLICE OFFICERS: INVESTIGATION INTO DISCIPLINARY OFFENCES, PUNISHMENT AND APPEALS For the purposes of this Part "appropriate tribunal" (適當審裁體) means a superintendent. (L.N. 305 of 1982) "appropriate tribunal" (適當審裁體) POLICE (DISCIPLINE) REGULATIONS - REGULATION 5 Preliminary procedure VerDate:30/06/1997 (1) When it appears to any police officer of or above the rank of sergeant that a disciplinary charge or charges should be laid against a junior police officer subordinate to him in rank, the appropriate charge or charges may be entered in a document entitled Defaulter Report which shall be the record of the case against such police officer and he shall be informed of the charge or charges as soon as practicable. (L.N. 305 of 1982) (2) The defaulter shall be notified in writing of- (a) the charge or charges; (b) the name of the officer constituting the appropriate tribunal; (c) the place of the hearing; and (d) the time and the date of the hearing which shall be not earlier than 7 clear days after service of the notice. (L.N. 305 of 1982) (3) No person who originates a complaint leading to a charge or assists in the investigation of such complaint shall act as the appropriate tribunal in respect of that charge. POLICE (DISCIPLINE) REGULATIONS - REGULATION 6 Objection to officer hearing the case VerDate:30/06/1997 If the defaulter, prior to the hearing, objects to the appropriate tribunal on the grounds of partiality or bias, he shall set out his grounds in full in writing and deliver them to such appropriate tribunal which shall not commence the hearing of the case but shall forward the document to a senior police officer who may appoint another appropriate tribunal to hear the case. POLICE (DISCIPLINE) REGULATIONS - REGULATION 7 Access to records and documents VerDate:01/07/1997 Adaptation amendments retroactively made - see 76 of 1999 s. 3 A defaulter charged under these regulations shall be given copies of or reasonable access to such police records and other documents as he requires and which are necessary to enable him to prepare his defence but not including those records for which the Government claims privilege. (L.N. 305 of 1982; 76 of 1999 s. 3) POLICE (DISCIPLINE) REGULATIONS - REGULATION 8 Plea of defaulter VerDate:30/06/1997 The defaulter shall appear before the appropriate tribunal and the charge or charges shall be read over to him and he shall be required to plead unequivocally guilty or not guilty and to each charge separately if there is more than one, and such plea shall be recorded. POLICE (DISCIPLINE) REGULATIONS - REGULATION 9 Procedure VerDate:30/06/1997 (1) (Repealed L.N. 305 of 1982) (2) Where a defaulter has pleaded not guilty and evidence for the prosecution is called, witnesses shall be called in support of the charge or charges and, at 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. (L.N. 305 of 1982) (3) When the examination of all witnesses in support of the charge or charges has been completed the defaulter shall be asked whether he wishes to- (a) give evidence; (b) call witnesses. (4) Where a defaulter gives evidence he may be cross-examined and such witnesses as he desires to call may, after giving evidence, be cross-examined and then be re-examined by the defaulter or any person appearing on his behalf. (L.N. 305 of 1982) (5) 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) (6) Such exhibits as are produced by witnesses shall be available for inspection by the defence and the prosecutor. (L.N. 305 of 1982) (7) Notwithstanding this regulation, the appropriate tribunal may- (a) call any witness; (b) ask such questions of any witness, as it considers will assist it in determining the case. (8) The appropriate tribunal may adjourn the case from time to time and where an application is made for an adjournment it shall be shown to the satisfaction of the appropriate tribunal by the applicant that such a course would serve the ends of justice and any adjournment granted shall be for a reasonable period only. (9) The appropriate tribunal shall keep a record of the evidence heard which shall be signed and dated by it and the interpreter, if any, on each adjournment and on the termination of the hearing. (10) Evidence shall not be taken on oath or affirmation. (11) A defaulter may be represented by- (a) an inspector or other junior police officer of his choice; or (b) any other police officer of his choice who is qualified as a barrister or solicitor, who may conduct the defence on his behalf. (L.N. 305 of 1982) (12) Subject to paragraph (11), no barrister or solicitor may appear on behalf of the defaulter. (L.N. 305 of 1982) POLICE (DISCIPLINE) REGULATIONS - REGULATION 10 Adding or amending charges VerDate:30/06/1997 A charge may be amended or a further charge added at any time prior to a finding being communicated to a defaulter charged under these regulations and any amended or new charge shall be read and explained to such defaulter who shall- (a) be called upon to plead thereto; and (b) be entitled to a reasonable adjournment to prepare his further defence, and in such case a defaulter may- (i) recall any witnesses; and (ii) call such further witnesses as he thinks fit, and any witness giving evidence under this regulation may be cross-examined and re-examined. POLICE (DISCIPLINE) REGULATIONS - REGULATION 11 Proceedings after hearing VerDate:30/06/1997 (1) The appropriate tribunal 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 Defaulter Report 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 a statement on relevant matters which he desires to be taken into consideration, and any statement so made shall be recorded by the appropriate tribunal. (3) If the defaulter has pleaded guilty or is found guilty, the appropriate tribunal shall then announce its award or shall reserve its award. The award shall be endorsed on the Defaulter Report and if the award has been reserved the appropriate tribunal shall call the defaulter before it to announce its award. (4) If the defaulter has pleaded guilty or is found guilty and the appropriate tribunal considers that no punishment should be awarded it shall- (a) endorse the Defaulter Report to that effect; and (b) advise the defaulter personally of the endorsement. (L.N. 305 of 1982) (5) (Repealed L.N. 305 of 1982) (6) Where a defaulter pleads guilty or is found guilty and the appropriate tribunal considers that the punishment which it can award is insufficient, it shall not make an award but shall- (a) endorse the Defaulter Report to that effect; (b) send the Defaulter Report to a senior police officer; (c) inform the defaulter of that action, and, subject to these regulations, the senior police officer may make an award which he shall communicate to the defaulter personally. (L.N. 305 of 1982) POLICE (DISCIPLINE) REGULATIONS - REGULATION 12 Review VerDate:30/06/1997 (1) The appropriate tribunal hearing a case under these regulations may, at any time within 7 days after having announced its finding or award to the defaulter, review the case and arrive at a different finding or award which shall subject to paragraph (2) stand in place of the original finding or award and be binding on the defaulter. (2) When the appropriate tribunal reviews a case, it shall call the defaulter before it to announce its finding or award on the review, but shall not award a greater punishment unless the defaulter is given an opportunity of making oral representations to it as to why the punishment should not be increased. (3) Any review under this regulation shall be at the sole discretion of the appropriate tribunal hearing the case and may be made- (a) on the appropriate tribunal's own motion; or (b) on application by the defaulter in writing. POLICE (DISCIPLINE) REGULATIONS - REGULATION 13 Punishment of junior police offices VerDate:30/06/1997 (1) Any junior police officer who is found guilty by an appropriate tribunal of any of the offences against discipline specified in regulation 3(2) may, subject to regulation 30, be awarded the following punishments- (L.N. 305 of 1982) (a) caution; (b) reprimand; (c) severe reprimand; (d) forfeiture of not more than one month's pay except in the case of absence without good cause when forfeiture of pay shall extend to cover the period of absence in addition to any other punishment awarded; (e) reduction in rank; (f) an order to resign forthwith without salary in lieu of notice; (L.N. 305 of 1982) (g) compulsory retirement with pension, gratuity or other allowances, without such benefits or with reduced benefits; or (L.N. 305 of 1982) (h) dismissal. (L.N. 305 of 1982) (2) (Repealed L.N. 305 of 1982) (3) Where the appropriate tribunal does not award any punishment and refers its findings to a senior police officer to make an award, the senior police officer may exercise all the powers of punishment conferred upon him by regulation 30. (L.N. 305 of 1982) (3A) Where an appropriate tribunal refers its findings to a senior police officer under paragraph (3) he may, if he is of the opinion that the junior police officer does not deserve to be punished but that the proceedings disclose grounds for requiring the junior police officer to retire in the public interest, without further proceedings require him to retire in the public interest. (L.N. 305 of 1982) (4) Notwithstanding this regulation, a junior police officer found guilty of any offence specified in regulation 3(2) and- (a) dismissed from the police force by the Commissioner, the Force Discipline Officer or a senior police officer, shall, where appropriate, be reduced to the ranks before dismissal; or (b) ordered by the Commissioner, the Force Discipline Officer or a senior police officer to resign forthwith from the police force, shall, if he fails to do so, be dismissed under paragraph (3). POLICE (DISCIPLINE) REGULATIONS - REGULATION 14 Confirmation or variation of finding or award VerDate:30/06/1997 (1) Within 14 days from the date of any finding or award made by an appropriate tribunal, a senior police officer shall- (a) in respect of the finding- (i) confirm the finding; or (ii) vary the finding and substitute any finding which the appropriate tribunal could have made on the evidence adduced; or (iii) subject to paragraph (3)(c), set aside the finding and order a rehearing of the case on the same or other charges by another appropriate tribunal; (b) in respect of any award, where he confirms or varies the finding- (i) if no punishment was awarded, award any punishment that he is empowered to award; or (ii) confirm the award; or (iii) remit the award; or (iv) subject to paragraph (3)(a) and (b), substitute any other award that he is empowered to award; or (c) where the appropriate tribunal has sent the Defaulter Report to him because it considers the punishment which it can award is insufficient, make an award which he shall announce personally or communicate in writing to the defaulter. (2) A senior police officer shall not act under paragraph (1) if he has originated or assisted in the investigation of the complaint leading to the proceedings. (3) A senior police officer shall not- (a) substitute for any award made by an appropriate tribunal any greater award without first calling on the defaulter to show cause why such award should not be increased; or (b) substitute for a finding of not guilty a finding of guilty; or (c) order a rehearing where the finding was one of not guilty. (4) A senior police officer acting under this regulation shall announce personally or communicate in writing to the defaulter the action taken by him, and shall forward the Defaulter Report to the Force Discipline Officer. (5) Within 14 days of the receipt by him of a Defaulter Report forwarded to him under paragraph (4) the Force Discipline Officer shall, except where a senior police officer has ordered a rehearing of the case under paragraph (1)(a)(iii)- (a) in respect of the finding- (i) confirm the finding; or (ii) vary the finding and substitute any finding which the appropriate tribunal could have made on the evidence adduced; or (iii) subject to paragraph (6)(c), set aside the finding and order a rehearing of the case on the same or other charges by another appropriate tribunal; (b) in respect of any award, where he confirms or varies the finding- (i) if no punishment was awarded, award any punishment that he is empowered to award; or (ii) confirm the award; or (iii) remit the award; or (iv) subject to paragraph (6)(a) and (b), substitute any other award that the senior police officer is empowered to award. (6) The Force Discipline Officer shall not- (a) substitute for any award made any greater award without first calling on the defaulter to show cause why such award should not be increased; or (b) substitute for a finding of not guilty a finding of guilty; or (c) order a rehearing where the finding, as confirmed or varied, was one of not guilty. (7) The Force Discipline Officer acting under this regulation shall announce personally or communicate in writing to the defaulter the action taken by him. (L.N. 305 of 1982) POLICE (DISCIPLINE) REGULATIONS - REGULATION 15 Appeals by junior police officers VerDate:30/06/1997 (1) A junior police officer may within 14 days of the announcement to him by, or, as the case may be, the receipt of a communication from, the Force Discipline Officer of any finding, decision or punishment, appeal in writing to the Commissioner by petition which shall contain such representations as may be relevant to the appeal. (2) Upon an appeal under this regulation the Commissioner may- (a) vary any finding and substitute any finding which he could have made on the evidence adduced; or (b) order a rehearing of the case on the same or other charges by another appropriate tribunal; or (c) substitute any other punishment that he is empowered to award. (3) Upon an appeal under this regulation the Commissioner- (a) may permit the defaulter to appear before him in person to support his appeal; (b) subject to these regulations, may hear such additional evidence as he considers relevant; and (c) subject to these regulations, shall announce personally or communicate in writing to the defaulter the outcome of the appeal or the action taken under this regulation. (4) 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) POLICE (DISCIPLINE) REGULATIONS - REGULATION 16 Appropriate tribunal VerDate:01/07/1997 PART III INSPECTORS: INVESTIGATION INTO DISCIPLINARY OFFENCES, PUNISHMENT AND APPEALS (1) For the purposes of this "appropriate tribunal" (適當審裁體) means- (a) a single police officer not below the rank of superintendent appointed by the Commissioner or by a senior police officer; (b) a senior police officer; (c) a board appointed by the Commissioner; (d) a board appointed by the Chief Secretary for Administration. (2) Where the appropriate tribunal is to be a board appointed by the Commissioner, the Commissioner shall appoint a board comprising 2 police officers of or above the rank of superintendent, one of whom he shall name as President of the board, to hear the charge or charges. (3) A senior police officer may apply to the Commissioner to appoint a board to be the appropriate tribunal, and on such application the Commissioner may either appoint a board under paragraph (2) or refer the case back to that senior police officer to be heard by a single police officer nominated by the Commissioner or a senior police officer. (4) If the Commissioner is of the opinion that there are exceptional circumstances in the case he may request the Chief Secretary for Administration to appoint a board to be the appropriate tribunal. (L.N. 305 of 1982) (4A) If the Commissioner is of the opinion that there are no exceptional circumstances but the defaulter so requests, the Commissioner shall refer such request to the Chief Secretary for Administration to appoint a board to be the appropriate tribunal. (L.N. 305 of 1982) (4B) In exercising his discretion whether or not to appoint a board to be the appropriate tribunal, the Chief Secretary for Administration shall take into account any representations made in writing by the Commissioner and the defaulter. (L.N. 305 of 1982) (5) Where the appropriate tribunal is to be a board appointed by the Chief Secretary for Administration, the Chief Secretary for Administration shall appoint a board comprising 3 public servants, one of whom he shall name as President of the board to hear the charge or charges, and such a board shall comply with these regulations. (6) No person who originates a complaint leading to a charge or assists in the investigation of such complaint shall act as the appropriate tribunal in respect of that charge. (L.N. 362 of 1997) "appropriate tribunal" (適當審裁體) POLICE (DISCIPLINE) REGULATIONS - REGULATION 17 Preliminary procedure VerDate:30/06/1997 (1)-(2) (Repealed L.N. 305 of 1982) (3) Where it appears to a senior police officer that a disciplinary charge or charges should be laid against an inspector, he may- (a) direct that the charge or charges be heard by an appropriate tribunal; or (b) apply to the Commissioner to appoint a board to be the appropriate tribunal. (L.N. 305 of 1982) (4) Where a charge or charges are to be heard before an appropriate tribunal consisting of a single police officer, the defaulter shall be notified in writing of- (a) the charge or charges; (b) the name of the officer constituting the appropriate tribunal; (c) the place of the hearing; and (d) the time and date of the hearing, which shall not be earlier than 7 clear days after service of the notice. (L.N. 305 of 1982) (5) (a) Where a charge or charges are to be heard before an appropriate tribunal consisting of a board, a copy of the charge or charges shall be served upon the defaulter together with a notice- (i) of the names of the persons constituting the board; (ii) 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 7 days of receipt of the charge or charges; (iii) that if he desires to plead guilty he may forward to the appropriate tribunal in writing any relevant matter which he desires to be taken into consideration. (b) On receipt of the defaulter's plea, the appropriate tribunal shall fix a date for the hearing of the charge or charges, and shall notify the defaulter thereof, where the plea is one of not guilty, such date shall be a date not earlier than 7 days from the date of service of such notice. POLICE (DISCIPLINE) REGULATIONS - REGULATION 18 Objection to tribunal VerDate:01/07/1997 (1) If a defaulter objects to the appropriate tribunal on the grounds of partiality or bias, he may, within 7 days after being informed of the manner in which the case shall be heard, apply to the Commissioner- (L.N. 305 of 1982) (a) to direct that the case be heard by a board instead of a single police officer; (b) to change any single police officer appointed by him or by a senior police officer or to change a member of the board appointed by him but only on grounds of partiality or bias which shall be fully set out; (c) to request the Chief Secretary for Administration to appoint a board to be the appropriate tribunal. (L.N. 362 of 1997) (2) Any application under this regulation shall be made in writing, and the hearing shall be stayed pending the determination of the application. (L.N. 305 of 1982) (3) If the Commissioner grants an application under paragraph (1)(a) or (b) he may- (a) direct that the case be heard by a board appointed by him instead of by a single police officer; or (b) appoint another appropriate tribunal as though no earlier appointment had been made by him. (L.N. 305 of 1982) (4) If the defaulter has applied to the Commissioner to request the Chief Secretary for Administration to appoint a board to be the appropriate tribunal the Commissioner shall forward such request to the Chief Secretary for Administration in accordance with regulation 16(4A). (L.N. 305 of 1982; L.N. 362 of 1997) POLICE (DISCIPLINE) REGULATIONS - REGULATION 19 Procedure VerDate:01/07/1997 Adaptation amendments retroactively made - see 76 of 1999 s. 3 (1) The Commissioner or a senior police officer shall appoint a prosecutor and the defaulter may be represented by- (a) an inspector of his choice; or (b) any other police officer of his choice who is qualified as a barrister or solicitor, who may conduct the defence on his behalf. (2) Subject to paragraph (1), no barrister or solicitor may appear on behalf of the defaulter. (3) A defaulter shall be given copies of or reasonable access to such police records and documents as he requires and which are necessary to enable him to prepare his defence but not including those records for which the Government claims privilege. (76 of 1999 s. 3) (L.N. 305 of 1982) POLICE (DISCIPLINE) REGULATIONS - REGULATION 20 Plea of inspector charged VerDate:30/06/1997 Proceedings shall be conducted by an appropriate tribunal 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. POLICE (DISCIPLINE) REGULATIONS - REGULATION 21 Hearing VerDate:30/06/1997 (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. POLICE (DISCIPLINE) REGULATIONS - REGULATION 22 Adding or amending charges VerDate:30/06/1997 A charge may be amended or a further charge added at any time prior to a finding being communicated to the defaulter under these regulations and any amended or new charge shall be read and explained to such defaulter who shall- (Amended L.N. 374 of 1991) (a) be called upon to plead thereto; and (b) be entitled to a reasonable adjournment to prepare his further defence, and in such a case a defaulter may- (i) recall any witnesses; and (ii) call such further witnesses as he thinks fit, and any witness giving evidence under this regulation may be cross-examined and re-examined. POLICE (DISCIPLINE) REGULATIONS - REGULATION 23 Proceedings after hearing VerDate:01/07/1997 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) POLICE (DISCIPLINE) REGULATIONS - REGULATION 24 Review VerDate:30/06/1997 (1) The appropriate tribunal hearing a case under these regulations may, at any time within 7 days after having announced its finding or award to the defaulter, review the case and arrive at a different finding or award which shall, subject to paragraph (2), stand in place of the original finding or award and be binding on the defaulter. (2) When the appropriate tribunal reviews a case, it shall announce personally or communicate in writing its finding or award on the review to the defaulter, but shall not award a greater punishment unless the defaulter is given an opportunity of making oral representations to it as to why the punishment should not be increased. (3) Any review under this regulation shall be at the sole discretion of the appropriate tribunal hearing the case and may be made- (a) on the appropriate tribunal's own motion; or (b) on application to it in writing by either the prosecutor or the defaulter. POLICE (DISCIPLINE) REGULATIONS - REGULATION 25 Punishment of inspectors VerDate:30/06/1997 (1) Any inspector who is found guilty by an appropriate tribunal other than a board of any of the offences against discipline specified in regulation 3(2) may subject to regulation 30 be punished by such tribunal with- (L.N. 305 of 1982) (a) caution; or (L.N. 305 of 1982) (b) reprimand. (L.N. 305 of 1982) (2) In place of or in addition to any of the punishments specified in paragraph (1), an inspector may be punished by the Commissioner with- (a) in the case of a chief inspector, reduction in rank to senior inspector or inspector; or (b) in the case of a senior inspector, reversion in rank to inspector; or (ba) severe reprimand; or (L.N. 305 of 1982) (c) deferment or stoppage of increment; or (d) forfeiture of not more than 1 month's pay except in the case of absence without good cause when forfeiture shall extend to cover the period of absence in addition to any other punishment awarded. (3) Where a senior police officer or superintendent awards no punishment and refers the findings of the appropriate tribunal to the Commissioner to make an award, the Commissioner may exercise all the powers of punishment conferred by paragraphs (1) and (2). POLICE (DISCIPLINE) REGULATIONS - REGULATION 26 Appeals by inspectors VerDate:01/07/1997 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) POLICE (DISCIPLINE) REGULATIONS - REGULATION 27 Commissioner may report to Chief Executive VerDate:01/07/1997 Adaptation amendments retroactively made - see 76 of 1999 s. 3 (1) Where any inspector is found guilty of any of the offences against discipline specified in regulation 3(2) and it appears to the Commissioner that the nature of the offence is so aggravated and other relevant circumstances such that dismissal or compulsory retirement with pension, gratuity or other allowances, without such benefits or with reduced benefits is merited, the Commissioner shall forward to the Chief Executive a report containing- (L.N. 305 of 1982) (a) the record of the proceedings; (b) the record of the inspector's service; (c) the Commissioner's recommendation; and (d) his reasons for not making an award under regulation 25(1) or (2). (2) The Commissioner shall at the same time as he forwards a report under paragraph (1) inform the inspector that his case will be considered by the Chief Executive, and the inspector may within 14 days of the receipt of such information, or within such extended time as the Chief Executive may allow, forward to the Chief Executive a written petition containing such representations as may be relevant to enable the Chief Executive to exercise his discretion under paragraph (3). (3) Where any report is forwarded to the Chief Executive under this regulation, the Chief Executive may- (a) dismiss the inspector; or (b) if in all the circumstances of the case he considers justice so requires, set aside any finding of an appropriate tribunal and dismiss the inspector if in his opinion such punishment is warranted by any finding which has not been set aside; or (ba) if in all the circumstances of the case, he is of the opinion that the misconduct of the inspector is serious enough to warrant the compulsory retirement of the inspector, order that the inspector be compulsorily retired with such pension, gratuity or other benefits as he may determine; or (L.N. 305 of 1982) (c) remit the case to the Commissioner and the Commissioner may then award any punishment which he has power to award under regulation 25, but where the Commissioner awards any punishment under this paragraph, regulation 26(2) shall apply as if such punishment had been awarded under regulation 25; or (d) if he is of the opinion that the inspector does not deserve to be punished but that the proceedings disclose grounds for requiring the inspector to retire in the public interest, without further proceedings require him to retire in the public interest. (L.N. 23 of 1978) (76 of 1999 s. 3) POLICE (DISCIPLINE) REGULATIONS - REGULATION 27A Joint proceedings against inspectors and junior police officers VerDate:30/06/1997 (1) Where one or more inspectors and one or more junior police officers are charged with a disciplinary offence or offences arising out of the same facts, the Commissioner or a senior police officer may direct that the defaulters be charged and proceeded against jointly at the same proceedings unless- (a) one of the defaulters objects to the appropriate tribunal on the grounds of partiality or bias; or (b) one of the defaulters objects to joint proceedings on the grounds of disparity of rank. (2) Joint proceedings under this regulation shall be dealt with as if they were proceedings against an inspector under Part III. (L.N. 305 of 1982) POLICE (DISCIPLINE) REGULATIONS - REGULATION 28 Power to suspend punishment VerDate:30/06/1997 PART IV MISCELLANEOUS PROVISIONS (1) Subject to this regulation, any punishment awarded by an appropriate tribunal may be suspended by that tribunal or by any police officer of higher rank than the officer or officers constituting the tribunal for a period of not less than 6 months nor more than 1 year. (2) Subject to paragraph (3), where any punishment has been suspended under this regulation the appropriate tribunal or any police officer of higher rank shall at the expiration of the period of suspension review the case or may, at any time during the period of suspension, review the case, taking into consideration such reports on the conduct of the defaulter during the period of suspension as may be available. (3) The appropriate tribunal or officer of higher rank may remit or reduce the punishment and in such an event shall cause any entry relating to the offence which has been made in the records of the defaulter to be expunged or altered, as the case may be, or order the punishment to be executed forthwith, except that if, during the period of suspension, the defaulter is convicted of a further offence against discipline, being an offence committed after the offence for which the suspended punishment was awarded, the suspended punishment shall be executed forthwith and any punishment on such further offence shall not be suspended. (L.N. 305 of 1982) (4) This regulation shall not affect the lodging and hearing of an appeal. POLICE (DISCIPLINE) REGULATIONS - REGULATION 29 Payment for loss or damage to property VerDate:30/06/1997 (1) Where an appropriate tribunal has found an inspector or junior police officer guilty of an offence under regulation 3(2), the tribunal may, in addition to or in lieu of any punishment he is by these regulations empowered to award, order the defaulter to pay in full or in part- (a) the cost of repairing or replacing any article of clothing, equipment or property whatsoever entrusted or supplied to the defaulter in his capacity as a police officer which has been lost or damaged; (b) the cost of repairing or replacing any Government property lost or damaged by him; or (c) the compensation paid, ex gratia or otherwise, by the Government to any person in respect of the loss or damage of that person's property by the defaulter, in each case only if the loss or damage has resulted from the defaulter's neglect or fault and the amount ordered to be paid does not exceed his salary for one month. (2) A gazetted officer may require an inspector or junior police officer to pay to the Government in full or in part- (a) the cost of repairing or replacing any article of clothing, equipment or property whatsoever entrusted to the inspector or junior police officer in his capacity as police officer and lost or damaged by him; (b) the cost of repairing or replacing any Government property lost or damaged by him; or (c) the compensation paid, ex gratia or otherwise, by the Government to any person in respect of the loss or damage of that person's property by the inspector or junior police officer, in each case only if the loss or damage has resulted from the junior police officer's or inspector's neglect or fault and the amount ordered to be paid does not exceed his salary for one month. (3) For the purpose of enabling due inquiry to be made as to whether any police officer should be required to pay any amount under paragraph (2), affording him due opportunity to make representations and enabling any requirement under that paragraph to be appealed against and reviewed, Parts II and III shall apply mutatis mutandis to and in respect of such a requirement as they apply to and in respect of a finding of guilty of an offence under regulation 3(2) and an award of punishment. POLICE (DISCIPLINE) REGULATIONS - REGULATION 29A Seizure and detention of property required as exhibit VerDate:19/11/1999 (1) A police officer of the rank of sergeant or above may seize and detain any property which he reasonably suspects to be the property of a police officer that may be required for the purpose of proving a disciplinary offence. (2) Any property seized and detained under paragraph (1) and which is not admitted in evidence as an exhibit in disciplinary proceedings shall- (a) if the owner thereof is not known, be forfeited and disposed of in accordance with paragraph (3) or (4) as the case may be; and (b) if the owner thereof is known, be returned to the owner. (3) Any property seized and detained under this regulation the ownership of which is not known shall be disposed of in such manner as the Commissioner may determine and, if sold, after the deduction of expenses necessarily incurred in the sale, the proceeds of sale (if any) shall be paid into the general revenue. (L.N. 253 of 1999) (4) Any money seized and detained under this regulation the owner of which is not known shall be paid into the general revenue. (L.N. 253 of 1999) (L.N. 305 of 1982) POLICE (DISCIPLINE) REGULATIONS - REGULATION 29B Disposal of exhibits VerDate:19/11/1999 (1) An appropriate tribunal may, in addition to any award made in any proceedings, order the forfeiture of any property admitted in evidence as an exhibit. (2) Property ordered to be forfeited under paragraph (1) shall, after the award has been confirmed and any appeal determined, be disposed of in such manner as the Commissioner shall determine and, if sold, after the deduction of expenses necessarily incurred in the sale, the proceeds of sale (if any) shall be paid into the general revenue. (3) Money ordered to be forfeited under paragraph (1) shall, after the award has been confirmed and any appeal determined, be paid into the general revenue. (L.N. 305 of 1982; L.N. 253 of 1999) POLICE (DISCIPLINE) REGULATIONS - REGULATION 30 Awards VerDate:01/07/1997 Adaptation amendments retroactively made - see 76 of 1999 s. 3 The punishment that may be awarded by an inspector, a superintendent, a senior police officer, the Force Discipline Officer, the Commissioner and the Chief Executive respectively shall be those set out in the Schedule. (L.N. 305 of 1982; 76 of 1999 s. 3) POLICE (DISCIPLINE) REGULATIONS - REGULATION 31 Effect of award VerDate:30/06/1997 Subject to regulation 28, an award of punishment made under these regulations shall take effect from the date of announcement or communication to the defaulter of the award. POLICE (DISCIPLINE) REGULATIONS - REGULATION 32 (Omitted as spent) VerDate:30/06/1997 (Omitted as spent) POLICE (DISCIPLINE) REGULATIONS - SCHEDULE SCHEDULE VerDate:01/07/1997 Adaptation amendments retroactively made - see 76 of 1999 s. 3 [regulation 30] POWERS OF PUNISHMENT Punishment that may be imposed upon Appropriate Tribunal or Authority (1) Junior Police Officers (2) Inspectors (3) Inspector (Under Part IA only) Written admonishment Not applicable Superintendent 1. (a) Caution; (b) Reprimand; (c) Severe reprimand; or (d) Forfeiture of not more than 7 days' pay except in the case of absence without good cause when forfeiture of pay shall extend to the period of absence in addition to any other punishment awarded. 1. Written admonishment. (Under Part IA only) 2. Suspend punishment under regulation 28. 2. Caution; and in the case of absence without good cause, the forfeiture of pay for the period of absence in addition to any other punishment awarded. 3. Order for payment under regulation 29. 3. Suspend punishment under regulation 28. 4. Order for payment under regulation 29. Senior Police Officer and (in the case of Junior Police Officers only) Force Discipline Officer 1. (a) Caution; (b) Reprimand; (c) Severe reprimand; (d) Forfeiture of not more than 1 month's pay except in the case of absence without good cause when forfeiture of pay shall extend to the period of absence in addition to any other punishment awarded; or (e) In the case of a station sergeant or sergeant, reduction in rank. 1. (a) Caution; (b) Reprimand; and (c) In the case of absence without good cause, the forfeiture of pay for the period of absence in addition to any other punishment awarded. 2. Suspend punishment under regulation 28. 2. Suspend punishment under regulation 28. 3. Order for payment under regulation 29. 3. Order for payment under regulation 29. 4. In place of, or in addition to, any punishment awarded under paragraph 1 above- (a) dismissal, with, in the case of a station sergeant or sergeant, reduction to the ranks before dismissal; (b) an order to resign forthwith, without salary in lieu of notice; or (c) compulsory retirement with pension, gratuity or other allowances, without such benefits or with reduced benefits. (Note: In lieu of punishment retirement in the public interest may be required under regulation 13(3A)) Commissioner of Police 1. (a) Caution; (b) Reprimand; (c) Severe reprimand; (d) Forfeiture of not more than 1 month's pay except in the case of absence without good cause when forfeiture of pay shall extend to the period of absence in addition to any other punishment awarded; or (e) In the case of station sergeant or sergeant, reduction in rank. 1. (a) Caution; (b) Reprimand; or (c) Severe reprimand. 2. Suspend punishment under regulation 28. 2. Suspend punishment under regulation 28. 3. Order for payment under regulation 29. 3. Order for payment under regulation 29. 4. In place of, or in addition to, any punishment awarded under paragraph 1 above- (a) dismissal, with, in the case of a station sergeant, reduction to the ranks before dismissal; (b) an order to resign forthwith without salary in lieu of notice; or (c) compulsory retirement with pension, gratuity or other allowances, without such benefits or with reduced benefits. 4. In place of, or in addition to any punishment awarded under paragraph 1 above- (a) in the case of a chief inspector reduction to the rank of senior inspector or inspector; (b) in the case of a senior inspector, reversion to the rank of inspector; (c) deferment or stoppage of increment; or (d) forfeiture of not more than 1 month's pay except in the case of absence without good cause, when forfeiture shall extend to the period of absence in addition to any other punishment awarded. (Note: In lieu of punishment retirement in the public interest may be required under regulation 13(3A)) Chief Executive Not applicable 1. All punishments that may be awarded by the Commissioner. 2. Dismissal. 3. Compulsory retirement with pension, gratuity or other allowances, without such benefits or with reduced benefits. (Note: In lieu of punishment, retirement in the public interest may be required under regulation 27(3)(d)) (L.N. 305 of 1982; 76 of 1999 s. 3)