*(Cap 374, section 11) [1 September 1978] L.N. 208 of 1978 (L.N. 184 of 1978) ___________________________________________________________________ Note: * These regulations were made under the repealed Road Traffic Ordinance (Cap 220) and, by virtue of section 36(1) of the Interpretation and General Clauses Ordinance (Cap 1) continue in force and have the like effect as if they had been made under the present Road Traffic Ordinance (Cap 374). Cap 374J reg 1 Citation PART I PRELIMINARY These regulations may be cited as the Traffic Wardens (Discipline) Regulations. Cap 374J reg 2 Interpretation In these regulations, unless the context otherwise requires- "Commissioner" (处长) means the Commissioner of Police; "defaulter" (犯规人员) means a traffic warden or senior traffic warden charged with a disciplinary offence; "disciplinary offence" (违反纪律罪行) means an offence against discipline specified in regulation 3(2); "inspector" (督察) means an inspector of police, senior inspector of police or chief inspector of police; "senior police officer" (高级警务人员) means a chief superintendent, assistant Commissioner or senior assistant commissioner; "sub-divisional inspector" (分局局长) means an inspector who is appointed by or on behalf of the Commissioner to be the police officer in charge of a police sub-division; "superintendent" (警司) includes senior superintendent of police; "tribunal" (审裁小组) means- (a) an inspector, other than a chief inspector, authorized by the Commissioner to conduct proceedings under these regulations; (b) a sub-divisional inspector; (c) a chief inspector; (d) a superintendent; or (e) a senior police officer. Cap 374J reg 3 Disciplinary offences (1) Any traffic warden who commits any disciplinary offence, and- (a) pleads guilty before a tribunal; or (b) is found guilty by a tribunal,may be punished by such tribunal in accordance with these regulations. (2) The offences against discipline are- (a) absence from duty without leave or good cause; (b) sleeping on duty; (c) conduct to the prejudice of good order and discipline; (d) contravention of any orders or directions of the Commissioner, whether written or verbal; (e) insubordination; (f) being unfit for duty through intoxication; (g) neglect of duty or orders; (h) making a statement which is false in a material particular in the course of his duty; (i) unlawful or unnecessary exercise of authority resulting in loss or injury to any other person or to the Government; (j) wilful destruction or negligent loss of or injury to Government property; (k) conduct calculated to bring the public service into disrepute. Cap 374J reg 4 Preliminary procedure PART II INVESTIGATION INTO DISCIPLINARY OFFENCES, PUNISHMENT AND APPEALS (1) Where- (a) in the case of a traffic warden, other than a senior traffic warden, it appears to- (i) any police officer of or above the rank of sergeant; or (ii) any senior traffic warden; or(b) in the case of a senior traffic warden, it appears to a police officer above the rank of sergeant,that there is a prima facie case of a disciplinary offence on the part of such traffic warden or senior traffic warden, as the case may be, an appropriate charge or charges in respect thereof may be entered in a document entitled Defaulter Report which shall be the record of the case against such traffic warden or senior traffic warden and he shall be informed of the charge or charges as soon as possible. (2) The defaulter shall be notified of the date, place and time of the hearing of the charge or charges, and of the name of the officer constituting the tribunal. (3) No person who originates a complaint leading to a charge or assists in the investigation of such complaint shall act as the tribunal in respect of that charge. Cap 374J reg 5 Objection to officer hearing the case If the defaulter, prior to the hearing objects to the tribunal on the grounds of partiality or bias, he shall set out his grounds in full in writing and deliver them to such tribunal which shall not commence the hearing of the case but shall forward the document to a senior police officer who may appoint another tribunal to hear the case. Cap 374J reg 6 Access to records and documents Remarks: Adaptation amendments retroactively made - see 3 of 2002 s. 15 A defaulter charged under these regulations shall be given copies of or reasonable access to such police records and other documents as he requires which are necessary to enable him to prepare his defence but not including those records for which the Government claims privilege. (3 of 2002 s. 15) Cap 374J reg 7 Plea of defaulter The defaulter shall appear before the tribunal and the charge or charges shall be read over to him and he shall be required to plead unequivocally guilty or not guilty and to each charge separately if there is more than one, and such plea shall be recorded. Cap 374J reg 8 Procedure (1) Where a defaulter pleads guilty to an offence, he shall be asked if he wishes to make a statement on matters which he desires to be taken into consideration and such statement shall be recorded. (2) Where a defaulter has pleaded not guilty and evidence for the prosecution is called, witnesses shall be called in support of the charge or charges and, at the conclusion of the evidence of each such witness, the defaulter may cross-examine such witness who may then be re-examined. (3) When the examination of all witnesses in support of the charge or charges has been completed the defaulter shall be asked whether he wishes to- (a) give evidence; (b) call witnesses.(4) Where a defaulter gives evidence he may be cross-examined and such witnesses as he desires to call may, after giving evidence, be cross-examined and them be re-examined by the defaulter. (5) At the close of the defence case witnesses may be called with the consent of the tribunal hearing the case to give evidence in rebuttal and may be examined, cross-examined, and re-examined, and at the conclusion of all the evidence the defaulter may address the tribunal and thereafter the prosecutor may address the tribunal in reply. (6) Such exhibits as are produced by witnesses shall be available for inspection by the defaulter. (7) Notwithstanding this regulation, the tribunal may- (a) call any witness; (b) ask such questions of any witness,as it considers will assist it in determining the case. (8) The tribunal may adjourn the case from time to time and where an application is made for an adjournment it shall be shown to the satisfaction of the tribunal by the applicant that such a course would serve the ends of justice and any adjournment granted shall be for a reasonable period only. (9) The tribunal shall keep a record of the evidence heard which shall be signed and dated by it and the interpreter, if any, on each adjournment and on the termination of the hearing. (10) Evidence shall not be taken on oath or affirmation. (11) No barrister or solicitor shall appear on behalf of the defaulter. Cap 374J reg 9 Adding or amending charges A charge may be amended or a further charge added at any time prior to a finding being communicated to a defaulter charged under these regulations and any amended or new charge shall be read and explained to such defaulter who shall- (a) be called upon to plead thereto; and (b) be entitled to a reasonable adjournment to prepare his further defence,and in such case a defaulter may- (i) recall any witnesses; and (ii) call such further witnesses as he thinks fit,and any witness giving evidence under this regulation may be cross-examined and re-examined. Cap 374J reg 10 Proceedings after hearing (1) The tribunal shall at the conclusion of the hearing announce its finding on the charges or shall reserve its finding. (2) The finding shall be entered on the Defaulter Report and if the finding has been reserved the tribunal shall call the defaulter before it to announce its finding. (3) If the defaulter has pleaded guilty or is found guilty he shall be asked if he wishes to make a statement on relevant matters which he desires to be taken into consideration, and any statement so made shall be recorded by the tribunal. (4) If the defaulter has pleaded guilty or is found guilty, the tribunal shall then announce its award or shall reserve its award and the award shall be endorsed on the Defaulter Report and if the award has been reserved the tribunal shall call the defaulter before it to announce its award, (5) If the defaulter has pleaded guilty or is found guilty and the tribunal considers that no punishment shall be awarded it shall- (a) endorse the Defaulter Report to that effect; and (b) personally advise the defaulter of the endorsement.(6) Where the tribunal is an inspector and a defaulter pleads guilty or is found guilty, and the tribunal considers that the punishment which it can award is insufficient having regard to all relevant circumstances, the tribunal shall not make an award but shall- (a) endorse the Defaulter Report to this effect; (b) send the Defaulter Report to a superintendent; and (c) inform the defaulter of this action,and subject to these regulations, the superintendent may make an award which he shall communicate personally to the defaulter. (7) Where- (a) the tribunal is a superintendent and a defaulter pleads guilty or is found guilty, or where a tribunal refers a case to a superintendent under paragraph (6); and (b) the superintendent considers that the punishment which he can award is insufficient having regard to all relevant circumstances,he shall not make an award but shall- (i) endorse the Defaulter Report to this effect; (ii) send the Defaulter Report to a senior police officer; and (iii) inform the defaulter of this action,and subject to these regulations, the senior police officer may make an award which he shall communicate personally to the defaulter. Cap 374J reg 11 Review (1) The tribunal hearing a case under these regulations may, at any time within 7 days after having announced its finding or award to the defaulter, review the case and arrive at a different finding or award which shall subject to paragraph (2) stand in place of the original finding or award and be binding on the defaulter. (2) When the tribunal reviews a case, it shall call the defaulter before it to announce its finding or award on the review, but shall not award a greater punishment unless the defaulter is given an opportunity of making oral representations to it as to why the punishment should not be increased. (L.N. 95 of 1993) (3) Any review under this regulation shall be at the sole discretion of the tribunal hearing the case and may be made- (a) on the tribunal's own motion; or (b) on application by the defaulter in writing. Cap 374J reg 12 Punishment (1) Any traffic warden who is found guilty by a tribunal of a disciplinary offence may, subject to regulation 17, be awarded the following punishments by such tribunal- (a) caution; (b) reprimand; (c) severe reprimand; or (d) forfeiture of not more than one month's pay except in the case of absence without good cause when forfeiture of pay shall extend to cover the period of absence in addition to any other punishment awarded.(2) Where the tribunal does not award any punishment and refers its findings to a superintendent or a senior police officer to make an award, the superintendent or senior police officer may exercise all the powers of punishment conferred upon him by regulation 17. (3) Notwithstanding this regulation, a traffic warden found guilty of any disciplinary offence and- (a) dismissed by the Commissioner or a senior police officer, shall, where appropriate, be reduced in rank before dismissal; or (b) ordered by the Commissioner or a senior police officer to resign shall, if he fails to do so, be dismissed under paragraph (2). Cap 374J reg 13 Appeals (1) Any traffic warden may within 14 days of the announcement to him by, or the receipt of a communication from, as the case may be, tribunal of any finding or punishment- (a) where the finding or punishment was made by an inspector sitting as the tribunal, appeal in writing to a senior police officer who shall direct that the appeal be determined by a superintendent; (b) where the finding or punishment was made by a superintendent sitting as the tribunal or where he is aggrieved by a finding or punishment made on appeal by a superintendent under sub-paragraph (a), appeal in writing to a senior police officer; (c) where the decision was made by a senior police officer sitting as the tribunal or where he is aggrieved by a decision of a senior police officer on an appeal under sub-paragraph (b), appeal in writing to the Commissioner by petition which shall contain such representations as may be relevant to the appeal.(2) In every case where an appeal has been lodged any punishment awarded shall be suspended pending the determination of the appeal. Cap 374J reg 14 Powers of superintendents on appeal (1) A superintendent may, of his own motion within 14 days from the date of any finding or punishment awarded by an inspector sitting as the tribunal, or upon any appeal under regulation 13(1)(a)- (a) confirm any finding or vary any finding from guilty to not guilty; and (b) confirm, remit or, subject to regulation 17, vary any punishment awarded, but no greater punishment shall be awarded by him unless the defaulter is given an opportunity of making oral representations to him as to why the punishment should not be increased.(2) A superintendent shall not act of his own motion if he originated or assisted in the investigation of the complaint leading to the proceedings. (3) A senior police officer may, of his own motion within 14 days from the date of any finding or punishment awarded by a superintendent sitting as the tribunal or upon any appeal under regulation 13(1)(b)- (a) confirm or vary any finding of the tribunal and substitute any finding which the tribunal could have made on the evidence adduced; or (b) order a rehearing of the case by another tribunal.(4) The Commissioner may, of his own motion within 14 days from the date of any finding or punishment awarded by a senior police officer sitting as the tribunal, or upon any appeal under regulation 13(1)(c)- (a) confirm or vary any finding of the tribunal and substitute any finding which the tribunal could have made on the evidence adduced; or (b) order a rehearing of the case by another tribunal.(5) Notwithstanding paragraphs (3) and (4)- (a) a senior police officer may confirm or remit any punishment awarded by a tribunal consisting of an officer of the rank of superintendent or below, or may, subject to regulation 17, substitute any other punishment; (b) the Commissioner may confirm or remit any punishment awarded by a tribunal consisting of an officer of the rank of senior police officer or below, or may, subject to regulation 17, substitute any other punishment.(6) The Commissioner or a senior police officer shall not- (a) substitute for any punishment awarded by a tribunal or by such other tribunal, as the case may be, any greater punishment without first calling on the defaulter to show cause why such punishment should not be increased; or (b) substitute for a finding of not guilty a finding of guilty; or (c) order a rehearing of the case where the finding was one of not guilty.(7) Upon any appeal under regulation 13(1) or where he acts of his own motion under this regulation, a superintendent, senior police officer or the Commissioner- (a) may permit the defaulter to appear before him in person to support his appeal; (b) subject to these regulations, may hear such additional evidence as the superintendent considers relevant; and (c) subject to these regulations, shall announce personally or communicate in writing to the defaulter the outcome of the appeal or the action taken under this regulation. Cap 374J reg 15 Power to suspend punishment PART III MISCELLANEOUS PROVISIONS (1) Subject to this regulation, any punishment awarded by a tribunal may be suspended by that tribunal or by any police officer of higher rank than the officer or officers constituting the tribunal for a period of not less than 6 months nor more than 1 year. (2) Subject to paragraph (3), where any punishment has been suspended under this regulation the tribunal or any police officer of higher rank shall at the expiration of the period of suspension review the case or may, at any time during the period of suspension, review the case, taking into consideration such reports on the conduct of the defaulter during the period of suspension as may be available. (3) The tribunal or officer of higher rank may remit or reduce the punishment and in such an event shall cause any entry relating to the offence which has been made in the records of the defaulter to be expunged or altered, as the case may be, or order the punishment to be executed forthwith, except that if, during the period of suspension, the defaulter is convicted of a further disciplinary offence the suspended punishment shall be executed forthwith and any punishment on such further offence shall not be suspended. (4) This regulation shall not affect the lodging and hearing of an appeal. Cap 374J reg 16 Payment for loss or damage to property (1) Where a tribunal has found a traffic warden guilty of a disciplinary offence, the tribunal may, in addition to or in lieu of any punishment he is by these regulations empowered to award, order the defaulter to pay in full or in part- (a) the cost of repairing or replacing any article of clothing, equipment or property whatsoever entrusted or supplied to the defaulter in his capacity as a traffic warden which has been lost or damaged; (b) the cost of repairing or replacing any Government property lost or damaged by him; or (c) the compensation paid, ex gratia or otherwise, by the Government to any person in respect of the loss or damage of that person's property by the defaulter,in each case only if the loss or damage has resulted from the defaulter's neglect or fault and the amount ordered to be paid does not exceed his salary for one month. (2) A police officer of or above the rank of superintendent may require a traffic warden to pay to the Government in full or in part- (a) the cost of repairing or replacing any article of clothing, equipment or property whatsoever entrusted to the traffic warden in his capacity as a traffic warden and lost or damaged by him; (b) the cost of repairing or replacing any Government property lost or damaged by him; or (c) the compensation paid, ex gratia or otherwise, by the Government to any person in respect of the loss or damage of that person's property by the traffic warden,in each case only if the loss or damage has resulted from the traffic warden's neglect or fault and the amount ordered to be paid does not exceed his salary for one month. (3) For the purpose of enabling due inquiry to be made as to whether any traffic warden should be required to pay any amount under paragraph (2), affording him due opportunity to make representations and enabling any requirement under that paragraph to be appealed against and reviewed, Part II shall apply to and in respect of such a requirement as it applies to and in respect of a finding of guilty of a disciplinary offence and an award of punishment. Cap 374J reg 17 Awards The powers of punishment of a tribunal and the Commissioner shall be those which are set out in the Schedule. Cap 374J reg 18 Effect of award Subject to regulation 15, an award of punishment made under these regulations shall take effect from the date of announcement or communication to the defaulter of the award. Cap 374J SCHEDULE [regulation 17] POWERS OF PUNISHMENT Tribunal (1) Punishment that may be imposed upon Traffic Warden (2) Senior Traffic Warden (3) Inspector 1. (a) Caution; 1. (a) Caution; (b) Reprimand; or (b) Reprimand; or (c) In the case of absence without good cause, forfeiture of pay for the period of absence in addition to any other punishment awarded. (c) In the case of absence without good cause, forfeiture of pay for the period of absence in addition to any other punishment awarded. 2. Order for payment under regulation 16. 2. Order for payment under regulation 16. 3. Suspend punishment under regulation 15. 3. Suspend punishment under regulation 15. Superintendent 1. (a) Caution; 1. (a) Caution; (b) Reprimand; (b) Reprimand; or (c) Severe reprimand; or (c) Severe reprimand; or (d) Forfeiture of not more than 7 days' pay except in the case of absence without good cause when forfeiture of pay shall extend to the period of absence in addition to any other punishment awarded. (d) Forfeiture of not more than 7 days' pay except in the case of absence without good cause when forfeiture of pay shall extend to the period of absence in addition to any other punishment awarded. 2. Order for payment under regulation 16. 2. Order for payment under regulation 16. 3. Suspend punishment under regulation 15. 3. Suspend punishment under regulation 15. Senior Police Officer 1. a) Caution; 1. (a) Caution; (b) Reprimand; (b) Reprimand; (c) Severe reprimand; or (c) Severe reprimand; (d) Forfeiture of not more than 1 month's pay except in the case of absence without good cause when forfeiture of pay shall extend to the period of absence in addition to any other punishment awarded. (d) Forfeiture of not more than 1 month's pay except in the case of absence without good cause when forfeiture of pay shall extend to the period of absence in addition to any other punishment awarded; or (e) Reduction in rank. 2. Order for payment under regulation 16. 2. In place of, or in addition to any punishment set out in paragraph 1 above,- 3. Suspend punishment under regulation 15. (a) dismissal and reduction in rank before dismissal; or 4. In place of, or in addition to any punishment awarded under paragraph 1 above,- (b) order to resign forthwith, without salary in lieu of notice. (a) dismissal; or 3. Order for payment under regulation 16. (b) order to resign forthwith, without salary in lieu of notice. 4. Suspend punishment under regulation 15. Commissioner of Police 1. (a) Caution; (a) Caution; (b) Reprimand; (b) Reprimand; (c) Severe reprimand; or (d) Forfeiture of not more than 1 month's pay except in the case of absence without good cause when forfeiture of pay shall extend to the period of absence in addition to any other punishment awarded. (c) Severe reprimand; (d) Reduction in rank; or (e) Forfeiture of not more than 1 month's pay except in the case of absence without good cause when forfeiture of pay shall extend to the period of absence in addition to any other punishment awarded. 2. In place of, or in addition to any punishment awarded under paragraph 1 above,- 2. In place of, or in addition to any punishment awarded under paragraph 1 above,- (a) dismissal; or (a) dismissal and reduction in rank before dismissal; or (b) order to resign forthwith, without salary in lieu of notice. (b) order to resign forthwith, without salary in lieu of notice. 3. Order for payment under regulation 16. 3. Order for payment under regulation 16. 4. Suspend punishment under regulation 15. 4. Suspend punishment under regulation 15.
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