Would the police have charged the driver if he passed their police car in the other lane? i.e., is it illegal to pass on the right side or to pass a flashing police vehicle?

here the police flash and sound the siren in order to move obstructing vehicles blocking a clear path but as the driver in this case was going faster than the police and therefore not blocking or inhibiting them, his passing them is of no consequence to the police, unless they have an ego problem