1964_CUSTOMS_AND_EXCISE_SERVICE_(DISCIPLINE)_RULES — Page 5

HK Historical Laws 香港歷史法例 All AI Reviewed

1989 Ed.]

Customs and Excise Service (Discipline) Rules

[CAP. 342

B 5

[Subsidiary]

5. Charging and plea

(1) If, after the expiration of the period referred to in rule 4, the Commissioner considers there is a prima facie case of a disciplinary offence against the officer he shall, unless he has admonished the officer under rule 4A (L.N.118 of 1989)

(a) prefer against him such charge or charges, relevant to the circumstances referred to in rule 4, as he thinks fit; and

(b) either state that he will hear and determine the proceedings himself or appoint another senior officer to hear and determine the proceedings.

(2) A charge shall be in writing and shall be served on the officer 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 charge will be dealt with, being a time not earlier than 7 days from the date of service of such notice:

(c) requiring the officer, in respect of each charge, to notify the senior officer referred to in paragraph (a), in writing within 5 days of such service whether he pleads guilty or not guilty;

(d) advising him that if he pleads guilty he may make submissions in writing in mitigation of punishment.

Representation

(1) The Commissioner shall appoint a member not below the rank of the officer charged as a prosecutor and the officer charged shall have the right to be represented by a subordinate officer of his choice who may conduct his defence on his behalf. (L.N.118 of 1989)

(2) The officer charged shall not be entitled to be represented by counsel or a solicitor.

7. Documents to be supplied to accused

An officer charged with a disciplinary offence shall, as soon as possible, be supplied with copies—

(a) of any written statement made by him under rule 4;

(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 thereon 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

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1989 Ed.] Customs and Excise Service (Discipline) Rules [CAP. 342 B 5 [Subsidiary] 5. Charging and plea (1) If, after the expiration of the period referred to in rule 4, the Commissioner considers there is a prima facie case of a disciplinary offence against the officer he shall, unless he has admonished the officer under rule 4A (L.N.118 of 1989) (a) prefer against him such charge or charges, relevant to the circumstances referred to in rule 4, as he thinks fit; and (b) either state that he will hear and determine the proceedings himself or appoint another senior officer to hear and determine the proceedings. (2) A charge shall be in writing and shall be served on the officer together with a notice— 6. (a) naming the senior officer who will hear and determine the proceedings; (b) stating the place and time at which the charge will be dealt with, being a time not earlier than 7 days from the date of service of such notice: (c) requiring the officer, in respect of each charge, to notify the senior officer referred to in paragraph (a), in writing within 5 days of such service whether he pleads guilty or not guilty; (d) advising him that if he pleads guilty he may make submissions in writing in mitigation of punishment. Representation (1) The Commissioner shall appoint a member not below the rank of the officer charged as a prosecutor and the officer charged shall have the right to be represented by a subordinate officer of his choice who may conduct his defence on his behalf. (L.N.118 of 1989) (2) The officer charged shall not be entitled to be represented by counsel or a solicitor. 7. Documents to be supplied to accused An officer charged with a disciplinary offence shall, as soon as possible, be supplied with copies— (a) of any written statement made by him under rule 4; (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 thereon 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 Page 5 Page 6

Baseline (Original)

1989 Ed.] Customs and Excise Service (Discipline) Rules [CAP. 342 B 5 [Subsidiary] 5. Charging and plea (1) If, after the expiration of the period referred to in rule 4, the Commissioner considers there is a prima facie case of a disciplinary offence against the officer he shall, unless he has admonished the officer under rule 4A (L.N. 118 of 1989) (a) prefer against him such charge or charges, relevant to the circumstances referred to in rule 4, as he thinks fit; and (b) either state that he will hear and determine the proceedings himself or appoint another senior officer to hear and determine the proceedings. (2) A charge shall be in writing and shall be served on the officer together with a notice- 6. (a) naming the senior officer who will hear and determine the proceedings; (b) stating the place and time at which the charge will be dealt with, being a time not earlier than 7 days from the date of service of such notice: (c) requiring the officer, in respect of each charge, to notify the senior officer referred to in paragraph (a), in writing within 5 days of such service whether he pleads guilty or not guilty; (d) advising him that if he pleads guilty he may make submissions in writing in mitigation of punishment. Representation (1) The Commissioner shall appoint a member not below the rank of the officer charged as a prosecutor and the officer charged shall have the right to be represented by a subordinate officer of his choice who may conduct his defence on his behalf. (L.N. 118 of 1989) (2) The officer charged shall not be entitled to be represented by counsel or a solicitor. 7. Documents to be supplied to accused An officer charged with a disciplinary offence shall, as soon as possible, be supplied with copies— (a) of any written statement made by him under rule 4; (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 thereon 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 Page 5Page 6

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1989 Ed.]

Customs and Excise Service (Discipline) Rules

[CAP. 342

B 5

[Subsidiary]

5. Charging and plea

(a) prefer against him such charge or charges, relevant to the

circumstances referred to in rule 4, as he thinks fit; and

(b) either state that he will hear and determine the proceedings himself or appoint another senior officer to hear and determine the proceedings.

(2) A charge shall be in writing and shall be served on the officer 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 charge will be dealt with,

being a time not earlier than 7 days from the date of service of such notice: