Citation.

lsterpretation.

Preliminary procedure.

Charging and plea.

HAWKER CONTROL FORCE ORDINANCE. (Chapter 325).

HAWKER CONTROL FORCE (DISCIPLINE)

REGULATIONS 1970.

In exercise of the powers conferred by section 34 of the Hawker Control Force Ordinance, the Governor in Council bas made the following regulations-

1. These regulations may be cited as the Hawker Control Force (Discipline) Regulations 1970.

2. In these regulations, unless the context otherwise requires-- "disciplinary offence" means an offence specified in subsection (1)

of section 1 of the Ordinance.

PART 1.

INSPECTORS.

3. When it appears to the Commandant that an inspector may have committed a disciplinary offence, he shall inform the inspector thereof and shall invite the inspector to submit his ex- planation in writing within a specified period not exceeding seven days.

4. (1) After the expiration of the period referred to in regulation 3. the Commandant shall determine whether a charge shall be preferred against the inspector and, if so, the nature of the charge.

(2) The charge shall be in writing and shall be served on the inspector together with a notice stating that he is required to plead guilty or not guilty unequivocally in writing to each charge separately within seven days, and that if he pleads guilty he may communicate in writing any matter which he desires to be taken into consideration.

(3) If the inspector charged pleads not guilty the Comman- dant shall serve on him a notice stating that the case will be heard on a date specified, being a date not earlier than seven days from the date of service of such notice.

(4) If the inspector charged pleads guilty in writing the Com- mandant may inform him that his plea of guilty has been accepted which shall operate in all respects as a finding of guilt by a dis-

ciplinary tribunal or may direct that a plea of not guilty be entered and that the charge shall be heard as though the inspector charged had pleaded not guilty.

5.

6.

The case shall be heard by a disciplinary tribunal.

(1) The Commandant may appoint a member of the Force not below the rank of inspector as a prosecutor and the inspector charged shall, whether a prosecutor is appointed or not, have the right to be represented by another inspector who may conduct his defence on his behalf.

(2) The inspector charged shall not be entitled to be repre- sented by counsel or a solicitor.

7. If an inspector is charged with a disciplinary offence, he shall, as soon as possible, be supplied with copies--

(a) of any written stalement made by him under regula-

tion 3;

(b) of the report, allegation or complaint on which the charge is founded (or so much thereof as relates to him) and of any report thereou notwithstanding that they may be confidential:

(c) of any statement relating to the charge made by any witness to be called in support of the charge, and the witness's name and address; and

(d) of any statement relating to the charge made by any person, other than a witness to be called in support of the charge, to the Commandant or to any person on his behalf, and the person's name and address.

8. (1) If the inspector charged has pleaded not guilty to any charge be shall attend at the place of hearing at the time and on the date of which notice of the bearing bas been given.

(2) The charge shall be read to the inspector charged who may change his plea.

(3) If the inspector charged pleads guilty such plea shall be entered on the record and he shall be asked if he wishes to make a statement; be may then make a statement, which shall be record- ed, or may hand in a statement of matters which he desires to be taken into consideration.

(4) If an inspector charged has pleaded not guilty to any charge, the prosecutor may address the disciplinary tribunal set- ting out generally the facts of the case and may call witnesses in support of the charge and on the conclusion of the evidence of

Hearing.

Representation.

Docoments to be supplied to accused.

Procedure.

Share This Page