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Cap. 164 · Police Act (Cap. 164)

Cap. 164 Art. 23Disciplinary board. 

TITLE IV

In forceOfficial text

(1)There shall be a Disciplinary Board, appointed upon the request of the Commissioner, which shall be made up of three members, a Chairperson appointed by the Permanent Secretary in the Ministry responsible for the Police, and another two members appointed by the Senior Appointments Advisory Committee. The Board shall be appointed in accordance with the rules of the Public Service Commission: Provided that the Chairperson shall be a Public Officer at the Ministry responsible for the Police and the other two members shall be retired Public Service officers, one of whom shall be a retired Police Officer who served in a high rank of Superintendent or higher.

(2) For the purpose of sub-article (1), the Commissioner shall also appoint a substitute Chairperson and other substitute members as necessary.

(3) The members shall hold office for a period of three years from the 1st January of the year for which they are appointed and may be eligible for re-appointment.

(4) Notwithstanding any other provision of the law, regulation and order, the disciplinary board shall regulate its own procedure, which procedure shall be published:

Provided that, if any member of the disciplinary board is the direct superior of the officer or is related by consanguinity or affinity, up to the fourth degree inclusive, to any such officer or has any professional interest in the proceedings, other than as a member of the disciplinary board, the said member shall forthwith make a declaration of such relationship or interest to the disciplinary board and such declaration shall be entered in the minutes. The said member shall thereafter abstain from taking part in the proceedings and deliberations of the disciplinary board on any question relating to such officer and from voting thereon, and shall be replaced by a substitute member.

(5) Any member who is unable to attend or who will be abstaining from participating as chairperson or member of the disciplinary board, shall be replaced by a substitute member.

(6) If a member of the disciplinary board is incapable to perform the functions of his office, due to mental illness, misconduct, death, resignation or any other reason, the Commissioner, shall as soon as possible, appoint another person from one of the substitute members to fill the vacancy, and the person so appointed shall remain in office for the remainder of the term of office.

Amendment history
  • Amended by LVII.2021.9