GOVERNMENT FLYING SERVICE (DISCIPLINE) REGULATION - CHAPTER 322A GOVERNMENT FLYING SERVICE (DISCIPLINE) REGULATION - LONG TITLE Empowering section VerDate:30/06/1997 (Cap 322 section 13) [1 April 1993] (L.N. 90 of 1993) GOVERNMENT FLYING SERVICE (DISCIPLINE) REGULATION - SECT 1 (Omitted as spent) VerDate:30/06/1997 PART I PRELIMINARY (Omitted as spent) (Enacted 1993) GOVERNMENT FLYING SERVICE (DISCIPLINE) REGULATION - SECT 2 Interpretation VerDate:30/06/1997 In this Regulation, unless the context otherwise requires- "criminal offence" (刑事罪行) includes a criminal offence against the law of a place outside Hong Kong; "criminal proceedings" (刑事程序) includes criminal proceedings in a place outside Hong Kong; "prosecutor" (檢控員) means the member appointed to prosecute a charge under this Regulation; "superior officer" (上級人員) includes a member of the same rank as, or lower rank than, a member but who has authority to give the member orders. (Enacted 1993) "criminal offence" (刑事罪行) "criminal proceedings" (刑事程序) "prosecutor" (檢控員) "superior officer" (上級人員) GOVERNMENT FLYING SERVICE (DISCIPLINE) REGULATION - SECT 3 Saving of Public Service (Administration) Order, etc. on interdiction, etc. VerDate:01/07/1997 Adaptation amendments retroactively made - see 71 of 1999 s. 3 (1) If a Senior Officer is alleged to have committed a disciplinary offence or a criminal offence or the conduct of a Senior Officer is being investigated in circumstances that a disciplinary offence or a criminal offence may have been committed, the interdiction and payment of emoluments provisions of the Public Service (Administration) Order and government regulations apply to the Senior Officer and the matter shall be dealt with under that Order and those regulations for allegations of misconduct against a public officer. (71 of 1999 s. 3) (2) If an Officer is alleged to have committed a disciplinary offence or a criminal offence or the conduct of an Officer is being investigated in circumstances that a disciplinary offence or a criminal offence may have been committed- (a) the Controller may interdict him from duty on full emoluments; (b) the matter shall be dealt with under this Regulation. (3) If an Officer is charged with a disciplinary offence or a criminal offence, the Controller may interdict him from duty on a proportion of the emoluments to which he would otherwise be entitled being not less than one-half. (4) If an Officer is not punished as a result of disciplinary proceedings and he has been interdicted on less than his full emoluments, he shall be paid the amount withheld on the disciplinary tribunal making its finding. (5) If an Officer is punished other than by dismissal as a result of disciplinary proceedings and he has been interdicted on less than his full emoluments, he shall be paid such proportion of the amount withheld as the Secretary directs, or where the Controller imposes a penalty, as the Controller directs. (6) If an Officer is found guilty of or pleads guilty to a criminal offence which is in the opinion of the Controller serious enough to warrant the dismissal of the Officer, the Officer shall not be paid any emoluments from the time he is found or pleads guilty until his case is determined under section 5. (L.N. 119 of 1993) (7) An Officer who is interdicted may not leave Hong Kong without the permission of the Controller. (8) Nothing in this Regulation shall preclude- (a) the summary dismissal of a member under the Public Service (Administration) Order and government regulations; (b) the termination of the employment of a member under the Public Service (Administration) Order and government regulations on the grounds that, having regard to the conditions of the public service, the usefulness of the member and the circumstances of the case, termination is desirable in the public interest. (71 of 1999 s. 3) (Enacted 1993) GOVERNMENT FLYING SERVICE (DISCIPLINE) REGULATION - SECT 4 Disciplinary offences VerDate:30/06/1997 PART II DISCIPLINARY OFFENCES A member commits a disciplinary offence who- (a) is absent from duty without leave or good cause; (b) neglects the prompt and diligent performance of his duty; (c) neglects to obey a lawful order of a superior officer; (d) refuses to obey a lawful order of a superior officer; (e) is unfit for duty by reason of alcoholic drink; (f) is unfit for duty by reason of drugs taken otherwise than under medical attention; (g) with intent to deceive, destroys, mutilates, falsifies or conceals a document connected with the Government Flying Service or his duty; (h) with intent to deceive, makes a statement in the course of duty which is false in a material particular; (i) wilfully or negligently damages or destroys or negligently loses any Government or other property with which he has been provided or entrusted; (j) by his conduct, brings the public service into disrepute; (k) by his conduct, prejudices the good order and discipline of the Government Flying Service. (Enacted 1993) GOVERNMENT FLYING SERVICE (DISCIPLINE) REGULATION - SECT 5 Disciplinary action on conviction for criminal offence VerDate:01/07/1997 Adaptation amendments retroactively made - see 71 of 1999 s. 3 (1) If a member is found guilty of or pleads guilty to a criminal offence and any appeal or other review is dismissed, abandoned, withdrawn or out of time, the member may be punished- (a) for a Senior Officer, under the Public Service (Administration) Order and government regulations; (71 of 1999 s. 3) (b) for an Officer, by the Controller or the Secretary but only after the Controller has notified the Officer of his intention to appoint a Senior Officer to review the criminal proceedings with a view to making a recommendation as to punishment under section 17 and inviting the Officer to make representations in writing to the Controller in writing in mitigation of punishment within 14 days of receipt of the notice under this paragraph. (2) The Controller shall appoint a Senior Officer to review criminal proceedings under subsection (1)(b) where he is of the opinion that the nature and seriousness of the proceedings are such as to warrant investigation from a disciplinary point of view. (3) The Controller or the Secretary may, after considering a copy of the record of proceedings for the criminal offence, the Officer's record of service and the recommendation of the Senior Officer appointed under subsection (2) to review the matter, impose a punishment under section 17. (Enacted 1993) GOVERNMENT FLYING SERVICE (DISCIPLINE) REGULATION - SECT 6 Preliminary procedure VerDate:30/06/1997 PART III PROCEDURE If the Controller believes that a member may have committed a disciplinary offence, he shall inform the member of the circumstances giving rise to his belief and invite the member to submit an explanation in writing within a specified period not exceeding 7 days. (Enacted 1993) GOVERNMENT FLYING SERVICE (DISCIPLINE) REGULATION - SECT 7 Admonishment procedure if offence admitted VerDate:30/06/1997 If a member admits a disciplinary offence, the Controller may admonish the member in writing instead of preferring a charge if the Controller considers admonishment a sufficient penalty. (Enacted 1993) GOVERNMENT FLYING SERVICE (DISCIPLINE) REGULATION - SECT 8 Charging and plea VerDate:30/06/1997 (1) If, after the expiration of the period of 7 days referred to in section 6, the Controller considers that on the face of the evidence the member has committed a disciplinary offence, the Controller shall, unless he has admonished the member- (a) prefer against the member such charge or charges, relevant to the circumstances, as he thinks fit; and (b) appoint a Senior Officer to hear and determine the proceedings. (2) The Controller shall issue a charge in writing and the Senior Officer shall serve it on the member together with a notice- (a) naming the Senior Officer who will hear and determine the proceedings; (b) stating the place and time at which the Senior Officer will deal with the charge, being a time not earlier than 7 days from the date of service of the notice; (c) requiring the member, in respect of each charge, to notify the Senior Officer appointed to hear the charge, in writing within 5 days of service of the charge, whether he pleads guilty or not guilty; and (d) advising him that if he pleads guilty he may make submissions in writing in mitigation of punishment. (Enacted 1993) GOVERNMENT FLYING SERVICE (DISCIPLINE) REGULATION - SECT 9 Representation VerDate:30/06/1997 (1) The Controller shall appoint a member not below the rank of the member charged as a prosecutor and the member charged shall have the right to be represented by a member of his choice other than the Controller or a member who may be involved in the proceedings to conduct his defence on his behalf. (2) Counsel or a solicitor shall not represent the member charged. (Enacted 1993) GOVERNMENT FLYING SERVICE (DISCIPLINE) REGULATION - SECT 10 Documents to be supplied to accused VerDate:30/06/1997 A member charged with a disciplinary offence shall, as soon as possible, be supplied with copies- (a) of his written statements made under section 6; (b) of the report, allegation or complaint on which the charge is founded (or so much of it as relates to him) and of any report on the charge even if any of them may be confidential; and (c) of any witness statement relating to the charge, and the witness's name and address. (Enacted 1993) GOVERNMENT FLYING SERVICE (DISCIPLINE) REGULATION - SECT 11 Procedure VerDate:30/06/1997 (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) GOVERNMENT FLYING SERVICE (DISCIPLINE) REGULATION - SECT 12 Adding or amending charges VerDate:30/06/1997 (1) The prosecutor may amend a charge or add a further charge at any time prior to the disciplinary tribunal communicating a finding to the member charged. (2) The disciplinary tribunal shall read and explain the amended or new charge to the member charged and he shall be called upon to plead to the amended or new charge and shall be entitled to a reasonable adjournment to prepare his further defence. (3) Section 11 shall apply to the amended or new charge, with such modifications as are necessary. (Enacted 1993) GOVERNMENT FLYING SERVICE (DISCIPLINE) REGULATION - SECT 13 Proceedings after hearing of charge VerDate:30/06/1997 PART IV PUNISHMENT At the conclusion of the hearing of a charge including any adjourned period as the disciplinary tribunal may require to consider the evidence, the disciplinary tribunal shall- (a) if in its opinion the evidence does not show that a disciplinary offence has been committed, dismiss it; (b) if in its opinion the evidence does show that a disciplinary offence has been committed, refer the case to the Secretary or to the Controller as the case may require. (Enacted 1993) GOVERNMENT FLYING SERVICE (DISCIPLINE) REGULATION - SECT 14 Reference of case to Secretary or Controller VerDate:30/06/1997 (1) Wherever a disciplinary tribunal refers a case to the Secretary or the Controller under section 13(b) it shall forward- (a) a copy of the record of the proceedings (including the charge) certified by itself to be a true copy of the original; (b) the member's record of service; (c) a report setting out- (i) its reasons for considering the charge proved; and (ii) its recommendation with respect to punishment or otherwise. (2) When the disciplinary tribunal so refers a case, it shall notify the member that it has done so and that the member may make representations in writing to the Secretary or the Controller in mitigation of punishment within 14 days of such notice or such further period as the Secretary or the Controller may allow. (Enacted 1993) GOVERNMENT FLYING SERVICE (DISCIPLINE) REGULATION - SECT 15 Procedure when case referred to Secretary or Controller VerDate:30/06/1997 Upon reference to him of a case and after consideration of any representations made by the member, the Secretary or the Controller may- (a) if he is of the opinion that the charge has not been proved, either- (i) dismiss it; or (ii) order further investigation or a fresh investigation in such manner and by such person or persons as he thinks fit; (b) if he is of the opinion that the charge is proved, or if, after any further or fresh investigation ordered under paragraph (a), he is of such opinion, impose a punishment within his powers. (Enacted 1993) GOVERNMENT FLYING SERVICE (DISCIPLINE) REGULATION - SECT 16 Punishment imposed to be entered in record of service VerDate:30/06/1997 (1) The Controller shall enter in the member's record of service of every punishment imposed against him. (2) The Controller shall remove an entry of an admonishment from a member's record of service one year after the admonishment was given unless during the year he was punished for another offence. (Enacted 1993) GOVERNMENT FLYING SERVICE (DISCIPLINE) REGULATION - SECT 17 Punishment of members for disciplinary offence VerDate:30/06/1997 (1) The Controller may punish a member who is found guilty of or pleads guilty to a disciplinary offence by- (a) reduction in rank; (b) stoppage or deferral of increment; (c) a fine not exceeding one month's salary (excluding allowances); (d) severe reprimand; (e) reprimand. (2) The Secretary may punish a member who is found guilty of or pleads guilty to a disciplinary offence by- (a) the punishments described in subsection (1); (b) dismissal; (c) compulsory retirement with or without pension, gratuity or other allowances or with reduced benefits. (Enacted 1993) GOVERNMENT FLYING SERVICE (DISCIPLINE) REGULATION - SECT 18 Order for payment for damage, etc. to equipment, etc. VerDate:30/06/1997 The Secretary and the Controller may include in an order of punishment an order for the member to pay an amount not exceeding the cost of replacing or repairing any article of clothing, equipment or other property with which the Government has provided or entrusted him and which he has lost or damaged or contributed to its loss or damage. (Enacted 1993) GOVERNMENT FLYING SERVICE (DISCIPLINE) REGULATION - SECT 19 Summary dismissal of Officer for absence from duty VerDate:30/06/1997 In addition to any other disciplinary provisions applicable to him under this Regulation, where an Officer is absent from duty without leave for a period exceeding 21 days and it is reported to the Secretary that- (a) the Officer cannot be traced; or (b) on being required by notice in writing (sent to any address through which it may reasonably be expected to reach him) to give, within 14 days, an excuse for his absence, the Officer has failed to give an excuse or to give an excuse that is acceptable to the Controller, the Secretary may without further proceedings summarily dismiss the Officer. (Enacted 1993) GOVERNMENT FLYING SERVICE (DISCIPLINE) REGULATION - SECT 20 Review VerDate:30/06/1997 PART V REVIEWS AND APPEALS Where a disciplinary tribunal has found a member guilty of a disciplinary offence or the Controller has admonished him, a Senior Officer shall, within 7 days of the finding or the admonishment, review the finding or admonishment and either- (a) confirm the finding or admonishment; or (b) refer the finding or admonishment back to the disciplinary tribunal or the Controller, as the case may require, with a recommendation. (Enacted 1993) GOVERNMENT FLYING SERVICE (DISCIPLINE) REGULATION - SECT 21 Appeals VerDate:01/07/1997 Adaptation amendments retroactively made - see 71 of 1999 s. 3 (1) A member (including one who has been dismissed) may appeal to the Secretary within 14 days from the day on which the member is informed of- (a) a finding by the disciplinary tribunal that he is guilty of a disciplinary offence; (b) any punishment imposed, other than under section 22, against the finding or punishment. (2) The Secretary may delegate to the Secretary for the Civil Service, or to a public officer not below the rank of Director of Bureau, the power to determine an appeal. (71 of 1999 s. 3) (Enacted 1993) GOVERNMENT FLYING SERVICE (DISCIPLINE) REGULATION - SECT 22 Powers of Secretary on appeal VerDate:30/06/1997 Upon an appeal, the Secretary may- (a) confirm or reverse the finding; (b) confirm the punishment; (c) subject to section 25, substitute any other punishment which could have been imposed by him under section 17; (d) remit the punishment in full or in part without substituting any other punishment; (e) if he dismisses an appeal against a finding and no punishment has been imposed, treat the appeal as if it were a case referred to him for punishment and impose any punishment or take any other action within his powers. (Enacted 1993) GOVERNMENT FLYING SERVICE (DISCIPLINE) REGULATION - SECT 23 Further evidence may be admitted VerDate:30/06/1997 For the purpose of any appeal against a finding, the Secretary may- (a) accept in whole or in part the record of the evidence already taken; (b) direct that the whole or any part of the evidence be taken again or that additional evidence be taken. (Enacted 1993) GOVERNMENT FLYING SERVICE (DISCIPLINE) REGULATION - SECT 24 Suspension of punishment pending appeal VerDate:30/06/1997 In the event of an appeal, any punishment (other than a severe reprimand or reprimand) imposed on a member shall be suspended until the appeal is disposed of, withdrawn or abandoned. (Enacted 1993) GOVERNMENT FLYING SERVICE (DISCIPLINE) REGULATION - SECT 25 Greater punishment not to be imposed without opportunity to make representations VerDate:30/06/1997 The Secretary shall not impose a greater punishment under section 22 without first allowing the member a reasonable opportunity to be heard or to make representations in writing as to why the punishment should not be increased. (Enacted 1993)