如裁斷經延遲作出,則適當 審裁體須傳召違紀者到其席前以宣布其裁斷。
(1) The appropriate tribunal shall at the conclusion of the hearing announce its finding on the charges or shall reserve its finding.
The finding shall be entered on the Defaulter Report and if the finding has been reserved the appropriate tribunal shall call the defaulter before it to announce its finding.
(2) 如違紀者認罪或被裁斷犯罪,則須被詢問是否擬就他希望獲得考 慮的有關事項作出陳述,而適當審裁體則須將如此作出的陳述予以記錄。
" (2) If the defaulter has pleaded guilty or is found guilty he shall be asked if he wishes to make a statement on relevant matters which he desires to be taken into consideration, and any statement so made shall be recorded by the appropriate tribunal."
(3) 如違紀者認罪或被裁斷犯罪,適當審裁體須隨後將其判處宣布或 將其判處延遲作出。
" (3) If the defaulter has pleaded guilty or is found guilty, the appropriate tribunal shall then announce its award or shall reserve its award.
The award shall be endorsed on the Defaulter Report and if the award has been reserved the appropriate tribunal shall call the defaulter before it to announce its award."
有關判處須在違紀者報告上予以批註。
" (3) If the defaulter has pleaded guilty or is found guilty, the appropriate tribunal shall then announce its award or shall reserve its award.
The award shall be endorsed on the Defaulter Report and if the award has been reserved the appropriate tribunal shall call the defaulter before it to announce its award."
如判處獲延遲 作出,適當審裁體須傳召違紀者到其席前以宣布其判處。
" (3) If the defaulter has pleaded guilty or is found guilty, the appropriate tribunal shall then announce its award or shall reserve its award.
The award shall be endorsed on the Defaulter Report and if the award has been reserved the appropriate tribunal shall call the defaulter before it to announce its award."
(4) 如違紀者認罪或被裁斷犯罪,而適當審裁體認為不應判處任何懲 罰,則該適當審裁體須─
(4) If the defaulter has pleaded guilty or is found guilty and the appropriate tribunal considers that no punishment should be awarded it shall-
(a) 在違紀者報告上如此批註;及
(a) endorse the Defaulter Report to that effect; and
(b) 親自將該項批註通知違紀者。 (1982年第305號法律公告)
(b) advise the defaulter personally of the endorsement. (L.N. 305 of 1982)
(6) 凡違紀者認罪或被裁斷犯罪,而適當審裁體認為其所能判處的懲 罰是不足夠的,則該適當審裁體無須作出判處,但須─
" (6) Where a defaulter pleads guilty or is found guilty and the appropriate tribunal considers that the punishment which it can award is insufficient, it shall not make an award but shall -"
(a) 在違紀者報告上如此批註;
(a) endorse the Defaulter Report to that effect;
(b) 將違紀者報告送交高級警務人員;
(b) send the Defaulter Report to a senior police officer;
(c) 將該行動告知違紀者,
" (c) inform the defaulter of that action,"
而在符合本規例規定下,該高級警務人員可作出判處,並須親自將所 作判處傳達違紀者。 (1982年第305號法律公告)
" and, subject to these regulations, the senior police officer may make an award which he shall communicate to the defaulter personally. (L.N. 305 of 1982)"
(1) 根據本規例聆訊案件的適當審裁體,在向違紀者宣布其裁斷或判 處後的7天內,可隨時覆核該案,及達致不同的裁斷或判處。
" (1) The appropriate tribunal hearing a case under these regulations may, at any time within 7 days after having announced its finding or award to the defaulter, review the case and arrive at a different finding or award which shall subject to paragraph (2) stand in place of the original finding or award and be binding on the defaulter."
該不同的裁 斷或判處,在符合第(2)款的規定下,須代替原來的裁斷或判處,並對該 違紀者具約束力。
" (1) The appropriate tribunal hearing a case under these regulations may, at any time within 7 days after having announced its finding or award to the defaulter, review the case and arrive at a different finding or award which shall subject to paragraph (2) stand in place of the original finding or award and be binding on the defaulter."
(2) 適當審裁體覆核案件時,須傳召違紀者到其席前,以宣布其覆核 後所作的裁斷或判處,而除非該違紀者有機會向適當審裁體口頭申述不應 加重懲罰的理由,否則不得判處較重的懲罰。
" (2) When the appropriate tribunal reviews a case, it shall call the defaulter before it to announce its finding or award on the review, but shall not award a greater punishment unless the defaulter is given an opportunity of making oral representations to it as to why the punishment should not be increased."
(3) 根據本條而作的覆核,須由聆訊該案的適當審裁體單獨運用酌情 決定權,及可─
(3) Any review under this regulation shall be at the sole discretion of the appropriate tribunal hearing the case and may be made-
(a) 由該適當審裁體主動提出;或
(a) on the appropriate tribunal's own motion; or
(b) 由違紀者以書面申請。
(b) on application by the defaulter in writing.
(1) 任何初級警務人員,如經適當審裁體裁斷犯了第3(2)條所指明的 任何違紀行為,除第30條另有規定外,可判處下列懲罰─ (1982年第305 號法律公告)
" (1) Any junior police officer who is found guilty by an appropriate tribunal of any of the offences against discipline specified in regulation 3(2) may, subject to regulation 30, be awarded the following punishments- (L.N. 305 of 1982)"
(d) 沒收不多於1個月的薪金,但在無妥善因由而擅離職守的情況下, 則除所判處的其他懲罰外,另須將沒收薪金的日數延至整段擅離職守期間 ;
(d) forfeiture of not more than one month's pay except in the case of absence without good cause when forfeiture of pay shall extend to cover the period of absence in addition to any other punishment awarded;
(g) 在享有或不享有退休金、酬金或其他津貼的情況下迫令退休,或 在享有經扣減利益的情況下迫令退休;或 (1982年第305號法律公告)
" (g) compulsory retirement with pension, gratuity or other allowances, without such benefits or with reduced benefits; or (L.N. 305 of 1982)"
(3) 凡適當審裁體不判處任何懲罰,而將其裁斷轉交高級警務人員以 作判處,則該高級警務人員可行使由第30條授予他的所有懲罰權力。 (1982年第305號法律公告)
" (3) Where the appropriate tribunal does not award any punishment and refers its findings to a senior police officer to make an award, the senior police officer may exercise all the powers of punishment conferred upon him by regulation 30. (L.N. 305 of 1982)"
(3A) 凡適當審裁體根據第(3)款將其裁斷轉交高級警務人員,而高級 警務人員認為該初級警務人員不應受懲罰,但有關處分程序披露要求該初 級警務人員為公眾利益而退休的理由,則高級警務人員在不進行其他處分 程序下,可要求該初級警務人員為公眾利益而退休。 (1982年第305號法 律公告)
" (3A) Where an appropriate tribunal refers its findings to a senior police officer under paragraph (3) he may, if he is of the opinion that the junior police officer does not deserve to be punished but that the proceedings disclose grounds for requiring the junior police officer to retire in the public interest, without further proceedings require him to retire in the public interest. (L.N. 305 of 1982)"