Anti-Doping Regulations

Anti-Doping Regulations

1. Interpretation
2. Prohibition of Doping Practices
3. Object of Bye-Laws
4. Drug Testing Authorities
5. Powers
6. Advice to HKRFU from DTA's
7. Invitation to be Heard
8. Sanctions
9. Notice of Sanction
10. Review of Sanction
11. Education and other Initiatives

1. Interpretation

In these bye-laws:

"Doping Practice" means

(a)	the taking or use of drugs or involvement in other doping methods as referred to on the IOC Medical commission's List of Prohibited Classes of Substances and Prohibited Methods ('IOC' List); or

(b)	refusal to provide a sample for testing requested by the HKRFU or any other agency recognised by the HKRFU; or

(c)	aiding, abetting, counselling or procuring or being knowingly involved in an activity referred to in paragraph (a) or (b);

"Drugs Tribunal" means the tribunal constituted by the HKRFU to investigate and conduct hearings in relation to alleged breaches of these bye-laws and to impose sanctions, as provided for in IRB regulations.

"DTA" means other nominated drug testing authorities.

"IOC" means the International Olympic Committee created by the Congress of Paris on 23 June 1894, being the organisation entrusted with the control and development of the modem Olympic Games;

"IRB" means the International Rugby Football Board;

"Participant" means a player, trainer, referee, touch judge, coach or selector or an individual involved in the organisation, administration or promotion of Rugby Football, and "participate" and "participation" have corresponding meanings'

"Rugby Body" means a Member Club or an Affiliated Body.

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

These regulations shall be read in conjunction with the "Regulation Relating to the Game" as published by the IRB.

2. Prohibition of Doping Practices

2.1	Doping Practices are forbidden. The HKRFU condemns the use of performance enhancing substances in Rugby Football as both dangerous to health and contrary to the ethics of sport.

2.2	No player, trainer, referee, touch judge, coach or selector or individual involved in the organisation, administration or promotion of Rugby Football shall engage in a Doping Practice.

3. Object of Bye-Laws

3.1	The object of these bye-laws is to ensure that every Participant and Rugby Body is liable to effective sanctions if they are found to have engaged in a Doping Practice.

3.2	These bye-laws apply to;
	(a) Participants, whether in or out of season; and (b) Rugby Bodies.

4. Drug Testing Authorities

4.1	The HKRFU may appoint a DTA as appropriate.

5. Powers

5.1

Under these bye-laws the HKRFU will;

(a)	permit and assist DTA's to attend matches conducted by the HKRFU or under its auspices in order to obtain samples for testing for any Doping Practice;
(b)	permit and assist DTA's to obtain samples for testing from Participants in and out of season;
(c)	notify Participants that they are liable for selection to provide samples for testing any Doping Practice;
(d)	notify any other player, trainer, referee, touch judge, coach, selector or other individual or Rugby Football Union, club, body or organisation participating in matches conducted by the HKRFU or under its auspices that they are liable for selection to provide samples for testing for any Doping Practice;
(e)	arrange for completion and return of forms required for the purposes of DTA's at the request of the DTA;
(f)	use DTA's to conduct any additional tests required by the HKRFU at its own expense;
(g)	investigate, or assisting the investigation of, Participants and Rugby Bodies for their involvement in a Doping Practice whether as the result of selection for the provision and testing of a sample, or on the basis of other information becoming known; and
(h)	make determinations under these bye-laws through the Drugs Tribunal.

6. Advice to HKRFU from DTA's

6.1

DTA will notify the HKRFU of the names and results of Participants who return a positive test result or who fail to comply with a request to provide a sample for testing. The HKRFU will take all reasonable steps to maintain the confidentiality of this information until after a decision whether or not to impose a sanction for a breach of these bye-laws has been made, except:

(a)	in so far as is necessary to convene the hearing by the Drugs Tribunal; and
(b)	where it is necessary to notify the IRFB, relevant Rugby Bodies, and any other relevant sporting organisations.

7. Invitation to be Heard

7.1

Where the HKRFU receives a notice from a DTA that a Participant has returned a positive test result or has failed to comply with a request to provide a sample or believes that a Participant or Rugby Body may otherwise have breached these bye-laws, the HKRFU will:

(a)	notify in writing the Participant or Rugby Body concerned of the intention of the HKRFU to refer the matter to the Drugs Tribunal to enquire and determine whether a breach of these bye-laws has occurred and setting out the procedures for determining the matter; and
(b)	invite the Participant or Rugby Body to attend at the hearing stated in such notice to present relevant material concerning the alleged breach and to be heard by the Drugs Tribunal as to why he or it should not be subject to the sanctions prescribed in these bye-laws.

7.2

The HKRFU and the Drugs Tribunal will observe the tenets of the procedures as set out by the IRB Anti-Doping Regulation .

7.3

A test result will not be invalidated by reason of a technical departure from applicable procedures. Where a participant contends that sampling or testing did not conform with the procedures of the relevant drug testing authority the participant must show that the result of the variation cast significant doubt on the correctness of the test result.

8. Sanctions

8.1

Any Participant or Rugby body who is found to have committed a Doping Practice may be ineligible to play, train, referee, touch judge, coach, select, organise, administer or promote Rugby Football, as follows:

(a)	a two year suspension for the first offence;
(b)	a life ban for the second offence,

PROVIDED THAT the Drugs Tribunal may in its discretion decline to apply any sanction or impose a suspension for a shorter period than that set out in paragraph (a) above where the analysis of the sample reveals the presence of a drug prohibited by the IOC administered for genuine therapeutic reasons and the Drugs Tribunal is satisfied that it was not used for the purpose of enhancing sporting performance.

8.2

The above sanctions may be applied to a Participant or Rugby Body regardless of any sanction or penalty, its duration or timing or whether current or past, imposed by any other sporting organisation, but the Drugs Tribunal will recognise previous sanctions imposed by any other recognised sporting organisation in Hong Kong or by the IRFB to determine whether the breach is a first or second offence.

8.3

These bye-laws shall apply to any director or officer of any corporation and any committee member or officer of any association, where the director, committee member or officer has been knowingly involved in, or acquiesced to, or approved of such corporation or association aiding, abetting, counselling or procuring a breach of these bye-laws.

8.4

Failure by an invited Participant or Rugby Body to attend to be heard by the Drugs Tribunal in accordance with clause 10 for whatever reason does not invalidate the right of the Drugs Tribunal to impose a sanction in accordance with these bye-laws.

8.5

A Participant notified in accordance with clause 10 will be suspended from participating in matches conducted by or under the auspices of the HKRFU and/or any Rugby Body, until after the hearing or hearings relating to the alleged breach are completed.

9. Notice of Sanction

9.1

The HKRFU will give written notice to:

(a)	The HKRFU will give written notice to:
(b)	the IRB, DTA, and any other sporting organisation in Hong Kong that the HKRFU believes should be informed, of any decision to impose a sanction for the purposes of these bye-laws.

9.2

A press release may be issued by the HKRFU in relation to any sanction imposed under these bye-laws.

10. Review of Sanction

10.1	Where a Participant or Rugby Body to whom a sanction has been applied under these bye-laws has new and relevant information concerning the breach he or it may make written application to the HKRFU setting out the grounds for a possible review of that sanction. The HKRFU will consider the application and determine whether to review the sanction the matter will be determined by the Board of Directors which may, following the procedures in paragraphs 9.1(a) and (b), alter any decision made previously including a reduction or withdrawal of the sanction.

10.2	The HKRFU may, before determining to alter any decision, consult other recognised sporting organisations which it knows have current sanctions over the Participant or Rugby Body.

10.3	Any change to the previous decision will be notified in accordance with clauses 9.1 and 9.2.

11. Education and other Initiatives

11.1	The HKRFU will undertake to support the doping policies of the IOC, SF&OC of HK, China and IRB.