1. Definitions

1.1 For the purposes of the Union's Disciplinary Rules, Code of Conduct, Scrum Safety Directive and League and Competition Rules, the following definitions will apply:

1.1.1 Appeal Panel means the appeal panel appointed by the  Union under the Disciplinary Rules; 

1.1.2 Appellant means a Player who appeals against a finding of or a penalty imposed by a Tribunal; 

1.1.3 Board of Directors means the current board of directors of the Union ; 

1.1.4 Chairman means the chairman of a Tribunal; 

1.1.5 Challenged Finding means a finding of the Tribunal and challenged by the Appellant; 

1.1.6 Challenged Penalty means a penalty imposed by the Tribunal and challenged by the Appellant;

1.1.7 Club means a club represented by a team participating in any Competition;

1.1.8 Code of Conduct means the  Union  's code of conduct as amended from time to time; 

1.1.9 Community Rugby Manager means the community rugby manager appointed by the Union from time to time; 

1.1.10 Competition means any rugby union football competition administered by the Union; 

1.1.11 Complainant Club means a club or association which seeks to cite a Player;

1.1.12 Decision means a decision of a Tribunal;

1.1.13 Deposit means a remittance for HK$2,500;

1.1.14 Disciplinary Administrator means the disciplinary administrator appointed by the Union from time to time;

1.1.15 Disciplinary Administrator's Decision means the written decision of the Disciplinary Administrator;

1.1.16 Disciplinary Definitions Appendix means this disciplinary definitions appendix as amended from time to time;

1.1.17 Disciplinary Rules means the Union's disciplinary rules as amended from time to time;

1.1.18 Effective Registration has the meaning in Rule [3.1] of the L&R Rules;

1.1.19 Fixtures Appeals Committee means the fixtures appeals committee appointed by the Union under the L&R Rules;

1.1.20 Grand Championship means the competition organised by the Union under Rule [16] of the League and Competition Rules;

1.1.21 Hearing means a hearing convened by the Tribunal;

1.1.22 HKSRFUR means the Hong Kong Society of Rugby Football Union Referees;

1.1.23 Incident(s) means the incident(s) or alleged incident(s) giving rise to the relevant disciplinary proceedings;

1.1.24 IRB means the International Rugby Board;

1.1.25 L&C Rule means a rule in the League and Competition Rules as amended from time to time;

1.1.26 Laws of the Game means the IRB laws governing the playing of rugby union football, as amended from time to time;

1.1.27 League Commissioner means the Chairman of the League Fixtures Control Panel;

1.1.28 League Fixtures Control Panel means the league fixtures control panel appointed by the Union;

1.1.29 Match means any rugby union football match administered by the  Union  ;

1.1.30 Notice of Appeal means a written notice of appeal submitted by an Appellant;

1.1.31 Notice of Citing means a citing complaint;

1.1.32 Panel Chairman means the chairman of a Penalty Review Panel;

1.1.33 Panel Member means a member of a Penalty Review Panel other than the Panel Chairman;

1.1.34 Participant means any player, referee, assistant referee, touch judge or other match official, selector, coach, trainer, manager or other team official, or any individual involved in the organisation, administration or promotion of rugby union football including a director, other officer or employee of the Union, of any member or associate member of the Union;

1.1.35 Player means a player playing a match administered by the Union  ;

1.1.36 Player's Club means the club or school the Player was representing at the time of the Incident;

1.1.37 Referee means a HKSRFUR-registered match referee officiating in the match administered by the Union in which the Incident took place;

1.1.38 Referees' Appointment Board means referees' appointment board established by the HKSRFUR;

1.1.38A Rugby Citing Commissioner means a citing commissioner (match official) appointed by the Union under Rule 4A for the purpose of exercising citing functions in accordance with IRB Regulation 17.

1.1.39 Referees' Development Officer means the current Referees' Development Officer appointed by the [Union/HKSRFUR] from time to time;

1.1.40 Referee's Report means a written report submitted by a Referee;

1.1.41 Registration Form means the registration form issued by the Union from time to time;

1.1.42 Rule means a rule in the Disciplinary Rules; 

1.1.43 Scrum Safety Directive means the Union’s scrum safety directive as amended from time to time; 

1.1.44 Season means August 2011 to March 2012 inclusive; 

1.1.45 Sub Committee means a subcommittee of the Union convened by the Union to consider a possible breach of the Code of Conduct; 

1.1.46 Assistant Referee means an assistant referee officiating in a match administered by the Union, registered with the HKSRFUR, officially appointed by the HKSRFUR or the Union and not appointed by either of the participating Clubs;

1.1.47 Assistant Referee's Report means a written report submitted by an Assistant Referee;

1.1.48 Trained Front Row Player means a Player trained and qualified to play in the front row of a scrum in rugby union football;

1.1.49 Transfer Period means the period as specified in the L&C Rules Section 3;

1.1.50 Tribunal means a disciplinary tribunal established by the  Union under the Disciplinary Rules;

1.1.51 Tribunal Member means a member of a Tribunal who is not the Chairman;

1.1.52 Tribunal's Report means a report on the case submitted by the Chairman of the Tribunal to a Penalty Review Panel;

1.1.53 Union means the Hong Kong Rugby Football Union;

1.1.54 Union Committee means the Union Committee established under the  Union 's articles of association.

1.2 Words in the singular include the plural and vice versa; a reference to a gender includes the other gender.

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1. Discipline

1.1 Definitions

1.1.1 The definitions set out in the Disciplinary Definitions Appendix shall apply to these Disciplinary Rules. 

1.2 Jurisdiction

1.2.1 Where a Player, when playing in a Match administered by the Union, is: 

(a) sent off the playing enclosure (Rule [2]); or 

(b) required to appear before the Tribunal under the Sin Bin or Yellow Card procedures (Rule [3]); or 

(c) cited for foul play (Rule [4]); 

the Union shall set up a Tribunal. The Tribunal shall have power to act in the name of the Union to hear and determine disciplinary proceedings within its jurisdiction in accordance with these Disciplinary Rules. 

1.2.2 All disciplinary proceedings conducted under these Disciplinary Rules (including the Tribunal's deliberations) are confidential. All participants in the proceedings shall maintain such confidentiality, and shall only disclose information and material obtained in the proceedings to professional advisers, by compulsion of law, pursuant to another provision of theseDisciplinary Rules or with the written agreement of the Union, the Player and the Player's Club. 

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2. Procedures following a sending off

2.1 Reporting procedures

2.1.1 Where a Player is sent off the playing enclosure in a match, the Referee shall, within 24 hours of the completion of the match, or such further time as is necessary in the circumstances, send to the relevant parties a Referee's Report incorporating: 

(a) the date of the match, the venue and the teams participating; 

(b) the name of the Player and his team; 

(c) the circumstances in which the Player was sent off; 

(d) the reason for the Player being sent off; 

(e) any other information the Referee considers material. 

2.1.2 The Referee's Report shall usually be made using the Union's sending off form. The Community Rugby Manager will keep records of all the reports submitted. 

2.1.3 Where the Player is sent off the playing enclosure as a result of the intervention of an Assistant Referee, the Assistant Referee shall, within 24 hours of the completion of the match, or such further time as is necessary in the circumstances, send to the relevant parties an Assistant Referee's Report incorporating the matters referred to in Rule [2.1.1]. 

2.2 The Hearing

2.2.1 The Player sent off shall be required to appear before a Tribunal and the Hearing shall be conducted in accordance with the procedures set out in Rule 5. 

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3. Sin Bin / Yellow Cards Procedures

3.1 Preamble

3.1.1 This Rule 3 contains the "Sin Bin" or "Yellow Card procedures" referred to in Rule [1.2.1(b)]. 

3.2 Three yellow cards in twelve months period

3.2.1 A Player who receives three yellow cards during any twelve month period shall be suspended automatically for one match, being the Match administered by the Union next following the receipt of the third yellow card. 

3.2.2 This suspension is automatic and cannot be reviewed or challenged. 

3.3 Six yellow cards in twelve months period

3.3.1 Notwithstanding Rule [3.2], if a Player receives six yellow cards during any twelve month period, the Union shall require the Player to appear at a Hearing of a Tribunal, which shall be convened in accordance with Rule 5. 

3.3.2 The purpose of the Player appearing before the Tribunal is for the Tribunal to determine whether any further penalty should be imposed upon the Player by reason of the Player's persistent infringements. 

3.4 The Hearing

3.4.1 The Hearing shall be conducted in accordance with the procedures set out in Rule 5. 

3.4.2 Without limiting the generality of this, the Tribunal shall be entitled (but not obliged) to call for and receive such evidence as it thinks fit, including the relevant Sin Binning and/or caution reports from the match officials. If the Tribunal requests any such reports, the Community Rugby Manager shall supply the Tribunal, the Player and the Player's Club with copies. 

3.5 Yellow cards already taken into account by Tribunal

3.5.1 If a player is sent off by reason of having received two yellow cards in one match, and if that player appears before the Tribunal as a result of that sending off, and if the Tribunal deals with that sending off incident, then the two yellow cards in question will not be counted for the purposes of any computation or action under either Rule [3.2] or [3.3]. 

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4. Citing Procedures

4.1 Preamble

4A.1 The Union may appoint any suitably qualified person as a Rugby Citing Commissioner (Match Official) for the purposes of these Rules.

4A.2 A Rugby Citing Commissioner (Match Official) appointed by the Union under Rule 4A.1 shall have and may exercise citing functions in accordance with IRB Regulation 17.

4.1.1 The citing of a Player is something that should not be undertaken lightly and should only be done in exceptional circumstances. This Rule 4 sets out the strict rules that will apply when a citing complaint is made. Failure to comply with any of the citing procedures may lead to a decision by the Referees' Development Officer or by the Tribunal not to proceed.

4.1.2 The Incident must not have been seen by the Referee or the Assistant Referees officiating at match in question or by a Rugby Citing Commissioner, if any.  If the Referee or the Assistant Referees or a Rugby Citing Commissioner saw the Incident then, even if he/they chose to take no action, the citing will be invalid. 

4.1.3 A citing complaint should only be made if the Incident, if it had been seen by or brought to the attention of a "reasonable referee", was of such seriousness that he would have immediately sent off the offending player from the playing enclosure (using a red card). 

4.2 Who may Cite?

4.2.1 Only a member club or association registered by the Union, the Union Committee, an official of the Union or the HKSRFUR may make a citing complaint to the Union. 

4.3 Requirements of the Notice of Citing

4.3.1 The Notice of Citing must be in writing and signed by the chairman or secretary or equivalent official of the Complainant Club, the Union Committee or the HKSRFUR or the Union official seeking to cite. 

4.3.2 The Notice of Citing must be addressed to the Community Rugby Manager and delivered by hand to the office of the Union not later than 5:00p.m. on the third day following the match in which the alleged act of foul play occurred. All materials to be submitted in support of the Notice of Citing must be submitted to the Community Rugby Manager and delivered by hand to the office of the Union not later than 5:00p.m. on the sixth day following the match in which the alleged act of foul play occurred. 

4.3.3 The Union, the Referees' Development Officer and the Tribunal will not consider any citing complaint or accompanying materials to be relied upon which is received after the expiry of the prescribed time limit in Rule [4.3.2]. 

4.3.4 The time limit prescribed in Rule [4.3.2] does not apply to any material produced by the Player or on his behalf. 

4.3.5 In addition, a copy of the Notice of Citing and copies of any accompanying materials must be delivered by hand to the registered address of the Player's Club and addressed to the chairman, secretary or equivalent official prior to the expiry of the prescribed time limit in Rule [4.3.2]. 

4.4 Details to be included in the Notice of Citing

4.4.1 The Notice of Citing must: 

(a) State the date, venue and teams participating in the match; 

(b) So far as possible, state full details of the Incident, including the point of time in the match, the score at the time and field position when it occurred; 

(c) Identify, or provide the means of identifying, the Player(s) who is (are) cited; 

(d) Be accompanied by the written, signed and dated statements of any witnesses of the alleged act of foul play together with any other materials to be relied upon (such as photographs, medical reports etc); 

(e) Be accompanied by video evidence if available (NB. two copies of video evidence must be provided - one copy for each of the Union and the Player's Club respectively). 

4.4.2 Where made by a Complainant Club, the Notice of Citing must be accompanied by the Deposit to cover administrative expenses. If the alleged act of foul play is proved, then the payment will be returned to the Complainant Club. If, however, the foul play is not proved, the whole or part only of the Deposit shall be reimbursed as either the Referees' Development Officer or the Tribunal considers, in their absolute discretion, to be just and equitable. 

4.4.3 The Union will not consider citing complaints which are deemed by either the Referees' Development Officer (subject to the review process set out in Rule [4.6.6]) or the Tribunal to be frivolous or vindictive. 

4.5 The procedure following the delivery of the Notice of Citing

4.5.1 Upon receipt of a Notice of Citing (and accompanying materials), the Community Rugby Manager (or, in his absence, the Executive Director of the Union) shall as soon as practicable consult the Referee and any Assistant Referee to consider whether the Incident was seen by them during the Match. 

4.5.2 Following such consultation, the Referee and any Assistant Referee shall each produce a brief written report of the Incident. 

4.5.3 If the Referee or any Assistant Referee or a Rugby Citing Commissioner saw the Incident which is the subject of the citing, the Notice of Citing shall be void and no further action shall be taken in response to it by the Union, other than sending a written advice to the Complainant Club (if any), the Player and his Club, stating that the Notice of Citing is void and the reason(s) therefor. 

4.5.4 Provided that the Incident was not seen by the Referee or any Assistant Referee or a Rugby Citing Commissioner, the Community Rugby Manager shall refer the matter immediately to the Disciplinary Administrator. 

4.6 Initial consideration by the Referees' Development Officer 

4.6.1 The Referees' Development Officer shall consider whether the Notice of Citing and all accompanying materials comply with these citing procedures. The Referees' Development Officer shall not entertain any oral representations by any party in connection with the citing complaint. 

4.6.2 The Referees' Development Officer shall decide whether, upon an inspection of the materials presented, the Notice of Citing should be referred to the Tribunal or whether it should be dismissed. The Referees' Development Officer shall do so by establishing whether it has been established that there is a reasonable chance that the Player has a case to answer in respect of the alleged foul play and in accordance with these citing procedures. 

4.6.3 The Disciplinary Administrator shall produce the Referees' Development Officer's Decision within seven days of the receipt of the Notice of Citing and all accompanying materials. 

4.6.4 The Referees' Development Officer's Decision shall be sent as soon as practicable to the Complainant Club (if any), the Player, his Club and the Community Rugby Manager, together with copies of the written report(s) of the said match official(s). 

4.6.5 If the Referees' Development Officer has decided that the matter should be referred to the Tribunal, the Community Rugby Manager shall ensure that a Tribunal is convened as soon as practicable to hear the Notice of Citing. 

4.6.6 If the Referees' Development Officer has decided that the matter should not be referred to the Tribunal, the person who served the Notice of Citing may ask the Union's Board of Directors to remit the matter for further review. The Board of Directors shall select a person to undertake the review who (a) has citing or disciplinary panel experience at the level of International Rugby Board proceedings and (b) does not have a conflict of interests in respect of the matter at hand. The person reviewing the assessment of the Referees' Development Officer shall consider all the materials considered by the Referees' Development Officer and promptly make his recommendation to the Board of Directors as to whether the matter ought to be referred to the Tribunal for full consideration. The final decision as to whether or not to adopt the recommendation will rest with the Board of Directors. 

4.7 The Hearing

4.7.1 The Hearing shall be conducted in accordance with the procedures set out in Rule 5. 

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4.8 Rules 4.2 and 4.6 shall not apply to a citing complaint made to the Union by a Union appointed Rugby Citing Commissioner.

5. Disciplinary Hearings

5.1 Composition of the Tribunal

5.1.1 Immediately on: 

(a) receipt of a Referee's report and/or Assistant Referee's report made under Rule [2.1], or 

(b) the accumulation by a Player of six yellow cards during any twelve month period under Rule [3.3], or 

(c) receipt of a the Referees' Development Officer's Decision to refer a Notice of Citing under Rule [4.6],  the Union shall appoint the members of the Tribunal. 

Save as provided in this Rule [5.1], the Union shall have complete discretion in the appointment of the Tribunal and the selection of its members. 

5.1.2 The Tribunal will consist of a Chairman and two Members. No member of the same Club as the Player, the victim player or a complainant shall be a Chairman or Member of the Tribunal. 

5.1.3 The Chairman shall be a lawyer of at least 10 years' standing or any other person with substantial experience of the application of disciplinary procedures. Subject to Rule [5.1.2], the Members shall be members of a Club. 

5.2 Notice to the Player and his Club

5.2.1 In respect of any proceedings, the Tribunal shall sit to hear the evidence submitted and arguments in relation to the disciplinary charge(s) brought against the Player. The Hearing shall be held as soon as possible after the match or matches at which the Player's misconduct is alleged to have taken place. 

5.2.2 In respect of any proceedings brought under Rule [2] or [3], until notification of the Tribunal's determination, the Player shall be suspended from competing in further matches held under the auspices of the Union. A Player who has been cited may continue to play rugby until the initial determination of the Notice of Citing by the Referee's Development Officer - if it is recommended that the matter proceed to Tribunal then the Player shall be suspended until the determination of the Notice of Citing by the Tribunal.

5.2.3 Prior to the Hearing, the Community Rugby Manager shall supply the Player with (as appropriate) a copy of the Referee's report and/or Assistant Referee's report, the Disciplinary Administrator's Decision and these Rules. The Community Rugby Manager shall advise the Player: 

(a) of the date, place and time of the Hearing; 

(b) that he will be required to attend in person at the Hearing; 

(c) that, if the Player is unable to appear at the Hearing, he should advise the Community Rugby Manager forthwith; 

(d) that the Tribunal does not have power, in any circumstances, to award to the Union, the Player or anyone else compensation for any legal or other costs incurred during or in connection with the proceedings convened under these Rules. 

5.2.4 [In respect of proceedings brought under Rule [3.3], prior to the Hearing, the Tribunal shall be entitled (but not obliged) to call for and receive the relevant Sin Binning and/or caution reports from the match officials. In the event that the Tribunal does request any such reports, the Community Rugby Manager shall supply the Tribunal and the Player with copies.] 

5.2.5 The Community Rugby Manager shall, simultaneously, send copies of all the Union's communications with the Player to the secretary of that Player's Club. 

5.3 Procedure

5.3.1 The Player, a representative of the Player's Club and the Player's legal representatives (if any) shall be entitled to attend the Hearing. The Tribunal shall have discretion to allow additional representatives of the Player's Club or other persons to attend the Hearing. Any interpreter appointed under Rule [5.2.6] shall be admitted to the Hearing. 

5.3.2 The Hearing shall be conducted in private and the confidentiality of all proceedings shall be maintained by all concerned. 

5.3.3 In respect of proceedings brought under Rule [2], subject to variation as the Tribunal may, in its absolute discretion, see fit, the procedure at the Hearing will be as follows: 

(a) the Chairman will explain the procedure to be followed, including that the allegation against the Player will need to proved by the Union to the Tribunal's satisfaction on the balance of probabilities; 

(b) the Chairman will ask the Player to confirm that prior to the Hearing he has been supplied with and had sufficient opportunity to consider the Referee's Report and/or the Assistant Referee's Report; 

(c) the Chairman will read, for the benefit of all present, the Referee's Report and, where applicable, the Assistant Referee's Report; 

(d) the Tribunal will hear any evidence from the Referee, the Assistant Referee (if appropriate), the Player and any other witnesses who have made statements; 

(e) the Tribunal will hear any submissions made by or on behalf of the Player (including in mitigation) and thereafter any submissions made by or on behalf of the Union. 

5.3.4 In respect of proceedings brought under Rule [3], subject to variation as the Tribunal may, in its absolute discretion, see fit, the procedure at the Hearing will be as follows: 

(a) the Chairman will explain the procedure to be followed, including that the allegation that the Player persistently infringed the rules of play will need to proved by the Union to the Tribunal's satisfaction on the balance of probabilities; 

(b) the Tribunal will hear any evidence from the Player and any other witnesses who have made statements and will consider any Sin Binning or caution reports or other evidence submitted under Rule [3.4.2]; 

(c) the Tribunal will hear any submissions made by or on behalf of the Player (including in mitigation) and thereafter any submissions made by or on behalf of the Union. 

5.3.5 In respect of proceedings brought under Rule [4], subject to variation as the Tribunal may, in its absolute discretion, see fit, the procedure at the Hearing will be as follows: 

(a) the Chairman will explain the procedure to be followed, including that the allegation against the Player will need to proved by the Union to the Tribunal's satisfaction on the balance of probabilities; 

(b) the Chairman will ask the Player to confirm that prior to the Hearing he has been supplied with and had sufficient opportunity to consider the Notice of Citing, the report(s) of the match officials and the Referees' Development Officer's Decision; 

(c) the Chairman will read, for the benefit of all present, the Notice of Citing; 

(d) the Chairman will ask the Player if he pleads guilty or not guilty to the allegation that he committed an act of foul play; 

(e) the Tribunal will hear any evidence from the Referee, the Assistant Referee(s), the Player and any other witnesses who have made statements; 

(f) the Tribunal will hear any submissions made by or on behalf of the Player (including in mitigation) and thereafter any submissions made by or on behalf of the Union. 

5.3.6 In the event that the Tribunal decides to accept videotape evidence, where possible the videotape should be viewed prior to the Referee's Report being read and (unless the allegation against the Player relates to verbal abuse) without the sound or commentary associated with it being heard. Where the allegation against the Player relates to verbal abuse, the Tribunal shall have discretion to decide what proportion of the videotape will be viewed with the sound being audible. 

5.3.7 Failure to follow the procedures outlined will not invalidate the proceedings. 

5.3.8 Unless the Player objects, the Tribunal may hold the Hearing by way of telephone conference or video conference so long as it ensures that proper standards in the giving of evidence and submissions are maintained and that the Player is given a fair opportunity to argue his case. 

5.4 Time for Completion of the Process and Powers of Adjournment

5.4.1 Time being of the essence for the maintenance of good sporting order in the application of disciplinary procedures, the Tribunal shall endeavour to complete the process as quickly as reasonably possible. In all its deliberations, the Tribunal shall ensure that procedural rulings assist in achieving this objective. 

5.4.2 Subject to Rule [5.4.1], the Tribunal shall have power to postpone or adjourn the Hearing, to such date and time as it sees fit. 

5.4.3 The Tribunal shall endeavour to ensure that the Hearing is not held in the absence of the Player but nothing in this Rule or otherwise shall prevent a Tribunal hearing and determining disciplinary proceedings in the absence of the Player where the Player fails or elects not to attend the Hearing despite having been given a reasonable opportunity to do so. 

5.5 Attendance of the Referee

5.5.1 The Referee and/or Assistant Referee (as appropriate) shall, unless exceptional circumstances prevent him from so doing, attend the Hearing. The absence of the Referee and/or Assistant Referee (as appropriate) shall not, however, prevent the Tribunal hearing and determining any disciplinary proceeding. 

5.6 Language of proceedings and interpreters

5.6.1 The Hearing shall be conducted in English. 

5.6.2 Evidence may be given in another language and, where in any case the Tribunal considers it necessary or desirable, it may direct the Union (at its own expense) to have an interpreter present at the Hearing. 

5.7 Questioning of witnesses

5.7.1 In hearing oral evidence, the Tribunal may ask its own questions of witnesses and, so long as such questions will not unreasonably extend the proceedings, shall give a fair opportunity for questions to be put by or on behalf of the Player and the Union. 

5.8 Evidence

5.8.1 Subject to the specific provisions of these Disciplinary Rules, the Tribunal shall be entitled to receive such evidence as it thinks fit, including to decide upon issues of admissibility of oral or other evidence. 

5.9 Attendance of witnesses

5.9.1 The Tribunal may require the attendance at the Hearing of any witness. In any case where a witness required by the Tribunal to attend fails or elects not to attend, the Tribunal may refuse to allow the evidence of that witness to be given in any other form. 

5.10 Representation

5.10.1 Any person or party (other than a witness) entitled to be heard by the Tribunal may be represented by another person if they so wish. However, the Tribunal shall have no jurisdiction to order the payment of costs by or to the Union, the Player or anyone else. 

5.11 Deliberations

5.11.1 In respect of proceedings brought under Rule [2], having heard the evidence and submissions, the Tribunal must decide whether the Union has proved that the Player is guilty of the alleged act of foul play on the balance of probabilities. If the Tribunal considers the allegation to be proved, the Tribunal will decide on the appropriate penalty taking into account all the circumstances and in accordance with current Union and IRB guidance. 

5.11.2 In respect of proceedings brought under Rule [3], having heard the evidence and submissions, the Tribunal must decide whether the Union has proved, on the balance of probabilities, that the Player is guilty of persistently infringing the Laws of the Game. If the Tribunal considers the allegation to be proved, the Tribunal will decide on the appropriate penalty taking into account all the circumstances and in accordance with current Union and IRB guidance. 

5.11.3 In respect of proceedings brought under Rule [4] and if the Player pleads not guilty, having heard the evidence and submissions, the Tribunal must decide whether the Union has proved that the Player is guilty of the alleged foul play on the balance of probabilities. If the Tribunal considers the allegation to be proved, the Tribunal will decide on the appropriate penalty taking into account all the circumstances and in accordance with current Union and IRB guidance. 

5.11.4 The Tribunal shall reach its Decision by majority and the Decision shall be final, subject only to an application under Rule 6 for a review of any penalty imposed. 

5.12 Notification of Decision

5.12.1 The Decision will be notified to all parties as soon as practicable after the conclusion of the Hearing. Where it considers it appropriate, the Tribunal may deliver a short oral Decision and confirm this in writing at a later date, or it may reserve its Decision. 

5.12.2 All parties (including the Player's Club) shall be entitled to a copy of the written Decision, a copy of which shall be sent to them by the Community Rugby Manager within 48 hours after it is available. 

5.12.3 In any case where a Player is adversely affected by a Decision he will be advised by the Tribunal of his right of appeal to the Penalty Review Panel. Notwithstanding such an appeal having been made, the penalty remains valid and effective until and unless varied or cancelled by the Penalty Review Panel. 

5.12.4 The Community Rugby Manager will inform the HKSRFUR and the relevant member union, league or organiser of competition of the Decision. 

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6. Appeals and Penalty Review Procedure

6.1 Lodging an appeal against the Tribunal's finding

6.1.1 An Appellant may only challenge the Tribunal's finding on the basis that new and relevant evidence is available. For such an appeal to be heard (i) the Appellant must reasonably have not been able to make it available at an earlier stage in proceedings and (ii) the new evidence must establish, prima facie, that the Tribunal's finding may require reconsideration. No other basis for challenging the Tribunal's finding is permitted. The Challenged Finding remains in effect until, and unless, altered by the Appeal Panel. 

6.1.2 An appeal against the Challenged Finding must be made by submitting a Notice of Appeal to the Community Rugby Manager. 

6.1.3 The Notice of Appeal must lay out in detail the grounds on which Appellant challenges the Challenged Finding and be accompanied by any materials to be relied upon by the Appellant and the Deposit. 

6.1.4 The Community Rugby Manager shall, in his absolute discretion, decide whether the evidence meets the requirements set out in Rule [6.1.1] and notify the Appellant accordingly. If the Community Rugby Manager decides that the Challenged Finding should be reconsidered, the Union will convene an Appeal Panel. 

6.2 Lodging an Appeal Against a Penalty

6.2.1 An Appellant may appeal against the penalty imposed by the Tribunal. The Challenged Penalty remains in effect until, and unless, altered by the Penalty Review Panel. 

6.2.2 An appeal must be made by submitting a Notice of Appeal to the Community Rugby Manager, within seven days of the Decision being communicated to the player. 

6.2.3 The Notice of Appeal must lay out in detail the grounds on which Appellant challenges the Challenged Penalty and be accompanied by any materials to be relied upon by the Appellant and the Deposit. 

6.2.4 Immediately on receipt of a Notice of Appeal, the Union will convene an Appeal Panel and the Community Rugby Manager will obtain from a Tribunal's Report on the case that details the penalty and the reasons why it was imposed. 

6.3 Composition of the Appeal Panel

6.3.1 The Appeal Panel will consist of a Panel Chairman and two Panel Members. 

6.3.2 Save as provided in this Rule [6.3], the Union shall have complete discretion in the selection of the Panel Chairman and Panel Members appointed to the Appeal Panel. 

6.3.3 Neither a member of the Tribunal convened under Rule 5 in the same proceeding, nor a member of the same Club as the Appellant, the victim player or a complainant shall be a Panel Chairman or Panel Member. 

6.3.4 The Panel Chairman shall be a lawyer of at least 10 years' standing or any other person with substantial experience of the application of disciplinary procedures. The Panel Members shall be: 

(a) a Vice President of the Union; or 

(b) a Chairman, Secretary or equivalent official from a Club in membership of the Union. 

6.4 Procedure at the Hearing 

6.4.1 Immediately the Appeal Panel has been appointed (or as soon as possible thereafter), the Community Rugby Manager will send: 

(a) to the Panel Chairman and the Panel Members copies of the Notice of Appeal and all materials accompanying it, the Tribunal's Report (if any), all the materials submitted to the Tribunal in the original proceedings and the Decision; 

(b) to the Appellant a copy of the Tribunal's Report (if any). 

6.4.2 The Panel Chairman will convene a Hearing of the Appeal Panel within seven days of the Notice of Appeal being received by the Union.

6.4.3 The Appeal Panel will consider, on the balance of probabilities, whether a Challenged Finding or a Challenged Penalty is reasonable. 

6.4.4 Rules [5.3.1, 5.3.2, 5.3.7, 5.4, 5.6, 5.7, 5.8, 5.9, 5.10, 5.11.4, 5.12.1, 5.12.2 and 5.12.4] shall apply to the Hearing of the Appeal Panel (save that, for the purposes of a proceeding brought under Rule 6, all references to the Tribunal shall be understood as referring to the Appeal Panel and a Decision shall be understood as referring to a decision of the Appeal Panel). Subject to those Rules and subject to variation as the Appeal Panel may, in its absolute discretion, see fit, the procedure at the Hearing will be as follows: 

(a) the Panel Chairman will explain that the procedure to be followed, including that (i) for the Challenged Finding to be reversed or a Challenged Penalty to be reduced, the Appellant will have to show, to the Appeal Panel's satisfaction and on the balance of probabilities, that the Challenged Finding or Challenged Penalty is unreasonable, (ii) if a Challenged Finding is reversed, the Appeal Panel has discretion to cancel any penalty that had been imposed previously by the Tribunal and, if appropriate in the circumstances, impose a different penalty, (iii) the Appeal Panel has discretion to increase a Challenged Penalty and (iv) the Appeal Panel has discretion to decide on whether the Deposit should be retained by the Union or returned to the Appellant; 

(b) the Panel Chairman will ask the Appellant to confirm that prior to the Hearing he has been supplied with a copy of the Tribunal's Report (if any); 

(c) the Panel Chairman will read, for the benefit of all present, the Notice of Appeal; 

(d) the Appeal Panel will hear any evidence from the Appellant and any other witnesses who have made statements supporting or opposing the Challenged Finding or Challenged Penalty; 

(e) the Appeal Panel will hear any submissions made by or on behalf of the Appellant and thereafter any submissions made by or on behalf of the Union. 

6.4.5 If the Appeal Panel considers that the Challenged Finding or Challenged Penalty is reasonable, the original penalty will stand and the Deposit will be retained by the Union and forfeited by the Appellant. 

6.4.6 If the Appeal Panel considers that the Challenged Finding or Challenged Penalty is unreasonable, it may stipulate an alternative penalty (which may be an increase or a reduction of the penalty imposed by the Tribunal). The Appeal Panel will have full discretion to decide whether the Deposit (or part of it) should be repaid to the Appellant. 

6.4.7 In all circumstances, the Appeal Panel shall issue its decisions with full reasons to explain its Decision. The Decision of the Appeal Panel will be final. 

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