Cap. 374 sub. leg. J

Traffic Wardens (Discipline) Regulations*(Cap. 374, section 11)[1 September 1978] L.N. 208 of 1978(Format changes—E.R. 5 of 2024) Editorial Note: * These Regulations were made under the repealed Road Traffic Ordinance (Cap. 220, 1984 R. Ed.) 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). Part I Preliminary 1. Citation These regulations may be cited as the Traffic Wardens (Discipline) Regulations. 2. Interpretation In these regulations, unless the context otherwise requires—barrister (大律師) has the meaning given by section 2(1) of the Legal Practitioners Ordinance (Cap. 159); (L.N. 62 of 2012)civil service provident fund scheme (公務員公積金計劃) means the Civil Service Provident Fund Scheme referred to in the government regulations; (6 of 2009 s. 18)Commissioner (處長) means the Commissioner of Police;defaulter (犯規人員) means a traffic warden or senior traffic warden charged with a disciplinary offence; Defaulter Report (員工犯規報告書) means the record of the case against— (a) a traffic warden against whom a disciplinary charge is intended to be laid under regulation 4(1); or (b) a defaulter; (L.N. 62 of 2012) defence representative (辯護代表) means a person specified in regulation 5B(1)(a) or (b) who represents a defaulter at a hearing; (L.N. 62 of 2012)disciplinary offence (違反紀律罪行) means an offence against discipline specified in regulation 3(2);government regulations (政府規例) means the administrative rules known as the Government Regulations and any other administrative rules or instruments regulating the public service; (6 of 2009 s. 18)hearing (聆訊) means a hearing conducted in respect of a disciplinary offence; (L.N. 62 of 2012)inspector (督察) means an inspector of police, senior inspector of police or chief inspector of police;official record of proceedings (程序正式紀錄) means a written record of the proceedings of a hearing made under regulation 8A(1); (L.N. 62 of 2012) retirement benefits (退休福利), in relation to a person, means— (a) the pension, gratuity or other allowance of that person as provided for under the Pensions Ordinance (Cap. 89); (b) the pension benefits of that person as provided for under the Pension Benefits Ordinance (Cap. 99); or (c) the part of that person’s beneficial interests in the civil service provident fund scheme that is attributable to sums derived from the voluntary contributions made by the Government, as employer, in respect of that person under section 11(4) of the Mandatory Provident Fund Schemes Ordinance (Cap. 485), together with the income, profits or losses arising from any investment of those sums and of such income or profits; (6 of 2009 s. 18) senior police officer (高級警務人員) means a chief superintendent, assistant commissioner or senior assistant commissioner;solicitor (律師) has the meaning given by section 2(1) of the Legal Practitioners Ordinance (Cap. 159); (L.N. 62 of 2012)sub-divisional inspector (分局局長) 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 (審裁小組) means— (a) an inspector, other than a chief inspector, authorized by the Commissioner to conduct proceedings under these regulations; (b) (Repealed L.N. 62 of 2012) (c) a chief inspector; (d) a superintendent; or (e) a senior police officer. 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 likely to bring the public service into disrepute. (L.N. 62 of 2012) Part II Investigation into Disciplinary Offences, Punishment and Appeals 4. Preliminary procedure (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. 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. 5A. Appointment of prosecutor The Commissioner must appoint a prosecutor for the purposes of proceedings against a defaulter under this Part.(L.N. 62 of 2012) 5B. Representation of defaulter at hearing (1) A defaulter may be represented at a hearing by—(a) (subject to the Commissioner’s approval) a barrister or solicitor; or(b) any other person of the defaulter’s choice who is approved by the Commissioner for the purpose,and the person specified in subparagraph (a) or (b) may conduct the defence on the defaulter’s behalf.(2) If the Commissioner gives approval under paragraph (1)(a), the defaulter may be represented at the hearing by a barrister or solicitor of the defaulter’s choice.(3) Despite paragraph (1), a defaulter must attend a hearing in person.(4) If a defaulter is represented at a hearing by a barrister or solicitor, the tribunal and the prosecutor may separately be assisted by a barrister or solicitor at the hearing.(L.N. 62 of 2012) 6. Access to records and documents A defaulter must be given copies of or reasonable access to any police records and other documents which the defaulter requires, and are necessary to enable the defaulter to prepare the defence, but not including those records for which the Government claims privilege.(L.N. 62 of 2012) 7. Plea of defaulter (1) At the hearing, the tribunal must read to the defaulter any charge against him or her.(2) The defaulter must plead in person guilty or not guilty to the charge, or to each charge separately if there is more than one, unequivocally.(3) The tribunal must enter the plea or pleas on the official record of proceedings.(L.N. 62 of 2012) 8. Procedure at hearing (1) If a defaulter pleads guilty to a charge at a hearing, the tribunal must ask if the defaulter wishes to make or produce to the tribunal a statement which contains any relevant matters that the defaulter wishes to be taken into consideration by the tribunal, and such a statement must be entered on the official record of proceedings.(2) If the defaulter pleads not guilty to the charge and evidence for the prosecution is called, witnesses are to be called in support of the charge and, at the conclusion of the evidence of each of those witnesses, the defaulter or the defence representative may cross-examine that witness, who may then be re-examined.(3) When the examination of all witnesses in support of the charge has been completed, the tribunal must ask if the defaulter wishes to—(a) give evidence; and(b) call witnesses.(4) If the defaulter gives evidence, the defaulter may be cross-examined and re-examined and any witness called by the defaulter may be examined, cross-examined and re-examined.(5) At the close of the defence case, witnesses may be called with the consent of the tribunal to give evidence in rebuttal, and may be examined, cross-examined and re-examined.(6) At the conclusion of all the evidence, the prosecutor or any barrister or solicitor assisting the prosecutor may address the tribunal and then the defaulter or the defence representative may address the tribunal in reply.(7) The tribunal may—(a) call witnesses; and(b) ask any witness any question,that it considers may assist it in determining the case.(8) Evidence must not be taken on oath or affirmation.(9) The defaulter, the defence representative, the prosecutor and any barrister or solicitor assisting the prosecutor may inspect any exhibit produced to the tribunal by a witness.(10) The tribunal may adjourn the hearing from time to time and if an application is made for an adjournment, the applicant must show to the satisfaction of the tribunal that the adjournment would serve the ends of justice.(11) An adjournment granted under paragraph (10) must be for a reasonable period only.(L.N. 62 of 2012) 8A. Record of proceedings (1) The tribunal must make, or cause to be made, a written record of the proceedings of a hearing, and the record is to form part of the Defaulter Report.(2) The tribunal may make, or cause to be made, an audio recording or audio and visual recording of the proceedings, or any part of the proceedings, of a hearing.(L.N. 62 of 2012) 9. Adding or amending charges (1) The prosecutor may amend a charge or add a further charge at any time before the tribunal communicates a finding to the defaulter.(2) The tribunal must read and explain any amended or new charge to the defaulter.(3) The defaulter must plead in person to the amended or new charge, or to each amended or new charge separately if there is more than one, and he or she—(a) is entitled to a reasonable adjournment to prepare a further defence;(b) may recall any witness; and(c) may call any further witness as he or she thinks fit.(4) A witness giving evidence under this Part may be cross-examined and re-examined.(L.N. 62 of 2012) 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. 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. 11A. Proceedings in defaulter’s absence Where a defaulter is required to appear in person in any proceedings under this Part and repeatedly fails to appear, the tribunal may proceed in the defaulter’s absence if satisfied that the defaulter has no reasonable excuse for the failures.(L.N. 62 of 2012) 12. Punishment (1) A traffic warden who has pleaded guilty to or is found guilty of a disciplinary offence before or by the tribunal may, subject to regulation 17, be awarded any of the following punishments by the tribunal—(a) caution;(b) reprimand;(c) severe reprimand;(d) deferment or stoppage of increment;(e) forfeiture of not more than 1 month’s pay except in the case of absence without good cause when forfeiture of pay extends to the period of absence in addition to any other punishment awarded;(f) reduction in rank;(g) an order to resign immediately without salary in lieu of notice;(h) compulsory retirement with full retirement benefits or reduced retirement benefits or without retirement benefits;(i) dismissal without retirement benefits.(2) If a traffic warden has pleaded guilty to or is found guilty of a disciplinary offence before or by the tribunal, and the tribunal sends the Defaulter Report to a superintendent or a senior police officer under regulation 10(6)(b) or (7)(b)(ii), the superintendent or the senior police officer may exercise all the powers of punishment conferred by regulation 17.(3) Despite this regulation, a traffic warden who—(a) has pleaded guilty to or is found guilty of a disciplinary offence; and(b) is to be dismissed by the Commissioner or a senior police officer,must, if he or she is a senior traffic warden, be reduced in rank before the dismissal.(4) Despite this regulation, a traffic warden who—(a) has pleaded guilty to or is found guilty of a disciplinary offence; and(b) has been ordered by the Commissioner or a senior police officer to resign,must, if he or she fails to comply with the order, be dismissed without retirement benefits.(L.N. 62 of 2012) 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 subparagraph (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 subparagraph (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. 14. Powers of superintendent, senior police officer and Commissioner on appeal (L.N. 62 of 2012)(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 may be awarded unless the defaulter is given an opportunity of making representations as to why the original punishment should not be increased. (L.N. 62 of 2012)(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 must not— (L.N. 62 of 2012)(a) substitute for any punishment awarded by a tribunal any greater punishment unless the defaulter is given an opportunity of making representations as to why the original punishment should not be increased; (L.N. 62 of 2012)(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) On an appeal under regulation 13(1) or if he or she acts of his or her own motion under this regulation, a superintendent, senior police officer or the Commissioner—(a) may permit the defaulter to appear in person before him or her;(b) may hear any additional evidence that he or she considers relevant; and(c) must announce before the defaulter or communicate in writing to the defaulter the outcome of the appeal or the action taken under this regulation. (L.N. 62 of 2012) Part III Miscellaneous Provisions 15. Power to suspend punishment (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. 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. 17. Awards The powers of punishment of a tribunal and the Commissioner shall be those which are set out in the Schedule. 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. 19. Transitional provisions (1) The amendments made by sections 4, 13 and 16 of the amendment regulation (which amend regulations 3 and 12 of, and the Schedule to, the pre-amended regulations) do not apply to proceedings under these regulations conducted in respect of a defaulter to whom a notice was given before the commencement date under regulation 4(2) of the pre-amended regulations, and regulations 3 and 12 of, and the Schedule to, the pre-amended regulations apply in respect of those proceedings as if those amendments had not been made.(2) In this regulation—amendment regulation (《修訂規例》) means the Traffic Wardens (Discipline) (Amendment) Regulation 2012 (L.N. 62 of 2012);*commencement date (生效日期) means the commencement date of the amendment regulation appointed under section 1 of the amendment regulation;pre-amended regulations (《修訂前規例》) means the Traffic Wardens (Discipline) Regulations (Cap. 374 sub. leg. J) as in force immediately before the commencement date.(L.N. 62 of 2012) Editorial Note: * Commencement date: 15 October 2021. Schedule [reg. 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; (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 extends 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 extends 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; (c) Severe reprimand; (ca) Deferment or stoppage of increment; or (ca) Deferment or stoppage of increment; (d) Forfeiture of not more than 1 month’s pay except in the case of absence without good cause when forfeiture of pay extends 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 extends to the period of absence in addition to any other punishment awarded; or 2. Order for payment under regulation 16. (e) Reduction in rank. 3. 4. Suspend punishment under regulation 15. In place of, or in addition to any punishment awarded under paragraph 1 above,— 2. In place of, or in addition to any punishment set out in paragraph 1 above,— (a) dismissal without retirement benefits and reduction in rank before dismissal; (a)(b)(c) dismissal without retirement benefits; order to resign immediately, without salary in lieu of notice; or compulsory retirement with full retirement benefits or reduced retirement benefits or without retirement benefits. (b) order to resign immediately, without salary in lieu of notice; or (c) compulsory retirement with full retirement benefits or reduced retirement benefits or without retirement benefits. 3. 4. Order for payment under regulation 16. Suspend punishment under regulation 15. Commissioner of Police 1. (a) Caution; 1. (a) Caution; (b) Reprimand; (b) Reprimand; (c) Severe reprimand; (c) Severe reprimand; (ca) Deferment or stoppage of increment; or (ca) Deferment or stoppage of increment; (d) Forfeiture of not more than 1 month’s pay except in the case of absence without good cause when forfeiture of pay extends to the period of absence in addition to any other punishment awarded. (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 extends 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) (b) dismissal without retirement benefits; order to resign immediately, without salary in lieu of notice; or (a) dismissal without retirement benefits and reduction in rank before dismissal; (b) order to resign immediately, without salary in lieu of notice; or (c) compulsory retirement with full retirement benefits or reduced retirement benefits or without retirement benefits. (c) compulsory retirement with full retirement benefits or reduced retirement benefits or without retirement benefits. 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. (6 of 2009 ss. 20 & 28; L.N. 62 of 2012) Editorial Note: This Schedule was amended by sections 20 and 28 of the Disciplined Services Legislation (Miscellaneous Amendments) Ordinance 2009 (6 of 2009). Please see section 30 of that Amendment Ordinance for the related transitional provisions.