【法规名称】
【法规编号】 68845 什么是编号？
【正 文】
第2页 CAP 374J TRAFFIC WARDENS (DISCIPLINE) REGULATIONS
|
[接上页] (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. |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！