【法规名称】
【法规编号】 68845 什么是编号？
【正 文】
CAP 374J TRAFFIC WARDENS (DISCIPLINE) REGULATIONS
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*(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1978) ___________________________________________________________________ Note: * These regulations were made under the repealed Road Traffic Ordinance (Cap 220) and, by virtue of section 36(1) of the Interpretation and General Clauses Ordinance (Cap 1) continue in force and have the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. |
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