1964_POLICE_(DISCIPLINE)_REGULATIONS — Page 12

HK Historical Laws 香港歷史法例 All AI Reviewed

A 12

CAP. 232] Police (Discipline) Regulations [1982 Ed. [Subsidiary]

L.N. 305/82. Preliminary procedure.

L.N. 305-82. L.N. 305/82.

(c) a board appointed by the Commissioner;

(d) a board appointed by the Chief Secretary.

(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 to appoint a board to be the appropriate tribunal.

(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 to appoint a board to be the appropriate tribunal.

(4B) In exercising his discretion whether or not to appoint a board to be the appropriate tribunal, the Chief Secretary shall take into account any representations made in writing by the Commissioner and the defaulter.

(5) Where the appropriate tribunal is to be a board appointed by the Chief Secretary, the Chief Secretary 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.

17. (1)-(2) [Deleted, L.N. 305/82]

(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.

(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;

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A 12 CAP. 232] Police (Discipline) Regulations [1982 Ed. [Subsidiary] L.N. 305/82. Preliminary procedure. L.N. 305-82. L.N. 305/82. (c) a board appointed by the Commissioner; (d) a board appointed by the Chief Secretary. (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 to appoint a board to be the appropriate tribunal. (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 to appoint a board to be the appropriate tribunal. (4B) In exercising his discretion whether or not to appoint a board to be the appropriate tribunal, the Chief Secretary shall take into account any representations made in writing by the Commissioner and the defaulter. (5) Where the appropriate tribunal is to be a board appointed by the Chief Secretary, the Chief Secretary 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. 17. (1)-(2) [Deleted, L.N. 305/82] (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. (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;
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A 12 CAP. 232] Police (Discipline) Regulations [1982 Ed. [Subsidiary] L.N. 305 82. Preliminary procedure. L.N. 305-82. L.N. 305/82. (c) a board appointed by the Commissioner; (d) a board appointed by the Chief Secretary. (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 to appoint a board to be the appropriate tribunal. (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 to appoint a board to be the appropriate tribunal. (4B) In exercising his discretion whether or not to appoint a board to be the appropriate tribunal. the Chief Secretary shall take into account any representations made in writing by the Commissioner and the defaulter. (5) Where the appropriate tribunal is to be a board appointed by the Chief Secretary, the Chief Secretary 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. 17. (1)-(2) [Deleted, L.N. 305/82] (3) Where it appears to a senior police officer that a dis- ciplinary charge or charges should be laid against an inspector, he may- (a) direct that the charge or charges be heard by an appro- priate tribunal; or (b) apply to the Commissioner to appoint a board to be the appropriate tribunal. (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;
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A 12

CAP. 232]

Police (Discipline) Regulations

[1982 Ed.

[Subsidiary]

L.N. 305 82.

Preliminary procedure.

L.N. 305-82.

L.N. 305/82.

(c) a board appointed by the Commissioner;

(d) a board appointed by the Chief Secretary.

(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 to appoint a board to be the appropriate tribunal.

(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 to appoint a board to be the appropriate tribunal.

(4B) In exercising his discretion whether or not to appoint a board to be the appropriate tribunal. the Chief Secretary shall take into account any representations made in writing by the Commissioner and the defaulter.

(5) Where the appropriate tribunal is to be a board appointed by the Chief Secretary, the Chief Secretary 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.

17. (1)-(2) [Deleted, L.N. 305/82]

(3) Where it appears to a senior police officer that a dis- ciplinary charge or charges should be laid against an inspector, he may-

(a) direct that the charge or charges be heard by an appro-

priate tribunal; or

(b) apply to the Commissioner to appoint a board to be the

appropriate tribunal.

(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;

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