1964_POLICE_(DISCIPLINE)_REGULATIONS — Page 18

HK Historical Laws 香港歷史法例 All AI Reviewed

A 18

[Subsidiary]

L.N. 303/82.

L.N. 305/82.

L.N. 305/82.

Commissioner may report to Governor. L.N. 305/82.

CAP. 232]

Police (Discipline) Regulations

[1982 Ed.

(3) Upon any appeal under paragraph (1) or (2), the Governor may-

(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 Governor'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.

(5) The Commissioner may, upon any appeal by an inspector under paragraph (1) or of his own motion---

(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:

(ba) forward a report to the Governor under regulation 27;

(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.

27. (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 Governor a report containing-

(a) the record of the proceedings;

(b) the record of the inspector's service;

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A 18 [Subsidiary] L.N. 303/82. L.N. 305/82. L.N. 305/82. Commissioner may report to Governor. L.N. 305/82. CAP. 232] Police (Discipline) Regulations [1982 Ed. (3) Upon any appeal under paragraph (1) or (2), the Governor may- (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 Governor'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. (5) The Commissioner may, upon any appeal by an inspector under paragraph (1) or of his own motion--- (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: (ba) forward a report to the Governor under regulation 27; (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. 27. (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 Governor a report containing- (a) the record of the proceedings; (b) the record of the inspector's service;
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A 18 [Subsidiary] L.N. 303.82. L.N. 305-82. L.N. 305/82. Commissioner may report to Governor. L.N. 305/82. CAP. 232] Police (Discipline) Regulations [1982 Ed. (3) Upon any appeal under paragraph (1) or (2), the Governor may- (a) confirm or remit the punishment awarded by the Commis- sioner; (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 Governor's decision upon any appeal under para- graph (1) or (2) and upon any reference under regulation 27 shall be communicated to the Commissioner and to the inspector by the Chief Secretary. (5) The Commissioner may, upon any appeal by an inspector under paragraph (1) or of his own motion--- (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: (ba) forward a report to the Governor under regulation 27; (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. 27. (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 Governor a report containing- (a) the record of the proceedings; (b) the record of the inspector's service;
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A 18

[Subsidiary]

L.N. 303.82.

L.N. 305-82.

L.N. 305/82.

Commissioner may report

to Governor. L.N. 305/82.

CAP. 232]

Police (Discipline) Regulations

[1982 Ed.

(3) Upon any appeal under paragraph (1) or (2), the Governor may-

(a) confirm or remit the punishment awarded by the Commis-

sioner;

(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 Governor's decision upon any appeal under para- graph (1) or (2) and upon any reference under regulation 27 shall be communicated to the Commissioner and to the inspector by the Chief Secretary.

(5) The Commissioner may, upon any appeal by an inspector under paragraph (1) or of his own motion---

(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:

(ba) forward a report to the Governor under regulation 27; (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.

27. (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 Governor a report containing-

(a) the record of the proceedings;

(b) the record of the inspector's service;

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