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| CITING
PROCEDURES |
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| 1.
Preamble |
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a
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The
citing of a rugby player is something that should not
be undertaken lightly and should only be done in exceptional
circumstances. These Citing Procedures set down the
strict rules that will apply when a citing complaint
is made. Failure to comply with any of the Citing Procedures
may lead to the decision by the Citing Investigation
Panel (CIP) or the Hong Kong Rugby Football Union Disciplinary
Tribunal (UDT) not to proceed.
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b.
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The alleged act of foul play must not have been seen by
the match official(s) (which in this context shall mean
the HKSRFUR-registered referee and any touch judges officially
appointed and not appointed by the participating clubs)
of the match in question. If the said match official(s)
saw the act then, even if he/they chose to take no action,
the citing will be invalid. |
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c.
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A
citing complaint should only be made if the alleged act
of foul play, if seen by or brought to the attention of
the referee, was of such seriousness that a "reasonable
referee" would have immediately sent off the offending
player from the field (using a red card). |
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| 2. Who
may cite? |
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a
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Only
member clubs or associations registered by the Hong
Kong Rugby Football Union ("HKRFU") and participating
in the match in which the alleged act of foul play occurred
may bring a citing complaint to the attention of the
HKRFU.
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| 3. Requirements
of the Notice of Citing |
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a
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The
citing complaint ("the Notice of Citing")
must be in writing and signed by the chairman or secretary
or equivalent official of the member club or association
seeking to cite ("the complainant club").
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b.
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The Notice of Citing and any accompanying statements,
video recordings and other materials to be relied upon
by the complainant club, must be addressed to the Secretary
of the HKRFU and delivered by hand to the office of the
HKRFU (at Room 2001 Sports House, 1 Stadium Path, So Kon
Po, Causeway Bay, HK) not later than 5:00p.m. on the sixth
day following the match in which the alleged act of foul
play occurred (for clarity, by 5:00pm on the following
Friday after a match held on a Saturday). |
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c.
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The
HKRFU, the Citing Investigation Panel (CIP) and the Union
Disciplinary Tribunal (UDT) will not consider any complaint,
statements or other materials to be relied upon by the
complainant club which are received after the expiry of
the prescribed time limit in Citing Procedure 3(b) above. |
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d
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For
clarity, the prescribed time limit in Citing Procedure
3(b) above, does not apply to any statements or other
materials produced by the cited player or witnesses on
his behalf. |
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e
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For
the purposes of the Citing Procedures 3 and 4, any correspondence
received by the HKRFU from the complainant club by fax,
e-mail or other electronic media will not be accepted. |
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f
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In
addition, a copy of the Notice of Citing and copies of
any statements, video recordings and other materials to
be relied upon by the complainant club, must be delivered
by hand to the chairman, secretary or equivalent official
at the registered address of the rugby club of the cited
player, in accordance with the prescribed time limit in
Citing Procedure 3(b) above. |
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| 4. Details
to be included in the Notice of Citing |
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a
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The
Notice of Citing must:
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i
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State
the date, venue and teams participating in the match; |
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ii
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State
full details of the alleged act of foul play, the
point of time in the match, the score at the time
and field position of the alleged incident; |
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iii
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Identify,
or provide the means of identifying the cited player(s)
alleged to be guilty of foul play; |
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iv
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Include
the written, signed and dated statements from any
witnesses of the alleged act of foul play together
with any other materials to be relied upon by the
complainant club (such as photographs, medical reports
etc); |
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v
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Be
accompanied by video evidence if available.
(NB. two copies of video evidence must be provided
- one copy each to the HKRFU and the rugby club
of the cited player respectively)
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b
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The
Notice of Citing and any statements, video recordings
and other materials to be relied upon by the complainant
club must be accompanied by a remittance for HK$2,500
to cover administrative expenses. If the foul play alleged
is proved, then the payment will be returned to the complainant
club. If, however, the foul play is not proved, either
the Citing Investigation Panel (CIP) or the Union Disciplinary
Tribunal (UDT) shall have discretion to reimburse or forfeit
the sum of HK$2,500 as it thinks just and equitable. |
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c
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The
HKRFU will not tolerate citing complaints which are considered
by either the CIP or the UDT to be frivolous or vindictive. |
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| 5. The
Procedure following the delivery of the Notice of Citing |
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a
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Upon
receipt of a Notice of Citing (and accompanying documents),
the Secretary of the HKRFU (or in his absence, the Executive
Director of the HKRFU) shall as soon as practicable
consult the match official(s) (which in this context
shall mean the referee and any touch judges officially
appointed by the HKSRFU and not appointed by the participating
clubs) of the match in question to consider whether
the alleged act of foul play was seen by the said match
official(s) during the match.
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b.
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The said match official(s) shall (each) produce a written
report of the alleged act of foul play. |
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c.
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If,
the said match official(s) saw the alleged act of foul
play which is the subject of the citing, or saw the act
and considered that it did not constitute foul play, the
citing shall be void and no further action shall be taken
upon it by the HKRFU, other than sending a written advice
to the complainant club, the cited player and his rugby
club, stating that the citing is void and the reasons
therefor. |
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d
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If
the alleged act of foul play was not seen by the said
match official(s) during the match, the Secretary of the
HKRFU shall convene a Citing Investigation Panel (CIP). |
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| 6. The
Citing Investigation Panel (CIP) |
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a
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The
Citing Investigation Panel (CIP) shall comprise of three
persons drawn from the following:
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i
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A
Director of the HKRFU (who is unconnected with either
the complainant club or the rugby club of the cited
player) who shall be the Chairman; and |
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ii
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A
HKSRFUR-registered referee or former HKSRFUR-registered
referee with at least three years experience who
did not officiate in the match in question; and |
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iii
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A
chairman, secretary or equivalent official from
a member club or association registered by the HKRFU
which is not connected with the citing. |
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b
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The
decision of the CIP shall be by majority and shall be
final. |
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c
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The
CIP shall consider whether the complainant club's Notice
of Citing and all accompanying documents complies with
the Citing Procedures 1, 2, 3 and 4 above. The CIP shall
not entertain any oral representations by any party connected
with the citing. |
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d
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The
CIP shall decide whether, upon an inspection of the documentation
and materials presented before them, the Notice of Citing
should be referred to the Union Disciplinary Tribunal
(UDT) or whether it should be dismissed. |
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e
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The
CIP shall produce its written Decision within seven days
of the receipt of the Notice of Citing and all accompanying
documents relied upon by the complainant club. |
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f
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The
written Decision of the CIP shall be sent as soon as practicable
to the complainant club, the cited player, his rugby club
and the Secretary of the HKRFU, together with the written
report(s) of the said match official(s). |
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g
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If
the CIP has decided that the matter should be referred
to the UDT, the Secretary of the HKRFU shall send as soon
as practicable the written Decision of the CIP, the Notice
of Citing and all accompanying documents relied upon by
the complainant club and the written report(s) of the
said match official(s) to the Chairman of the Union Disciplinary
Tribunal (UDT). |
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| 7. The
Union Disciplinary Tribunal (UDT) |
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a
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For
the purposes of hearing a citing complaint, The Union
Disciplinary Tribunal (UDT) shall comprise of three
persons drawn from the following:
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i
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A
legal practitioner with at least three years post
qualification experience (who is unconnected with
either the complainant club or the club of the cited
player) who shall be the Chairman; and |
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ii
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A
HKSRFUR-registered referee or former HKSRFUR-registered
referee with at least three years experience who
did not officiate in the match in question; or |
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iii
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A
chairman, secretary or equivalent official from
a member club or association registered by the HKRFU
which is not connected with the citing; or |
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iv
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A
police officer of at least the rank of Senior Inspector
or former police officer of at least the rank of
Senior Inspector (who is unconnected with either
the complainant club or the club of the cited player).
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b
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b.
The decision of the UDT shall be by majority and shall
be final. |
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c
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c.
The UDT shall convene a meeting to determine the Notice
of Citing within seven days of receipt of the written
Decision of the CIP. |
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d
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The
cited player, his rugby club and the complainant club
must be notified in writing by the Secretary of the HKRFU
of the proposed meeting of the UDT to determine the Notice
of Citing; such written notice should contain full details
of the venue, date and time of the proposed meeting of
the UDT and must be delivered at least five days before
the date of the said proposed meeting of the UDT. |
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e
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The
cited player may continue to play rugby until the determination
of the Notice of Citing by the UDT. |
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f
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The
cited player must attend the meeting of the UDT. Failure
to attend the meeting of the UDT by the cited player will
result in the immediate suspension of the cited player
until the determination of the alleged incident of foul
play, as particularised in the Notice of Citing. |
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g
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Representatives
of the rugby club of the cited player may attend the meeting
of the UDT. |
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| 8. Procedure
at the Union Disciplinary Tribunal (UDT) |
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a
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At
the commencement of the meeting of the UDT, the particulars
of the alleged act of foul play shall be read out to
the cited player by the Chairman of the UDT. The cited
player shall be asked by the Chairman of the UDT whether
he is guilty or not guilty of the alleged act of foul
play, as particularised.
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b.
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If the cited player pleads guilty to the foul play as
particularised, the cited player or his representative
may address the UDT on points of mitigation. |
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c.
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Having
been so addressed by the cited player or his representative,
the UDT shall determine the penalty to be imposed upon
the cited player, taking into account all the circumstances
of this matter. |
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| 9. The
Hearing of the UDT |
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a
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If
the cited player pleads not guilty to the allegation
of foul play, the UDT shall hold a full Hearing to determine
whether the cited player is guilty of the foul play
as particularised.
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b.
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b. Witnesses of the alleged act of foul play may make
representations on behalf of the complainant club at the
Hearing of the UDT. Such witnesses may be examined by
the cited player or his representative.
(NB. only those witnesses whose statements
were received by the HKRFU before the expiration of the
prescribed time limit in Citing Procedure 3(b) above may
make representations at the Hearing of the UDT).
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c.
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The
cited player may make his own representations at the Hearing
of the UDT. He may be examined by the UDT. |
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d
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In
addition, the cited player may call his own witnesses
to attend and make representations at the Hearing of the
UDT. Such witnesses may be examined by the UDT. |
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e
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The
cited player has a right not to make any representations
nor to call any witnesses on his behalf at the Hearing
of the UDT. |
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f
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The
UDT shall consider whether the allegation of foul play
against the cited player has been proved beyond reasonable
doubt, taking into account all the evidence presented
at the Hearing of the UDT, and shall prepare a written
Determination. |
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g
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The
written Determination of the UDT in respect of the allegation
of foul play against the cited player must be sent to
the cited player, his rugby club, the complainant club
and the Secretary HKRFU as soon as practicable after the
Hearing of the UDT. |
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h
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If
the cited player is found to be guilty of foul play, the
UDT's written Determination must include in writing the
penalty imposed upon the cited player by the UDT, having
taken into account all the circumstances of this matter.
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