【法规名称】
【法规编号】 68845 什么是编号？
【正 文】
第3页 CAP 374J TRAFFIC WARDENS (DISCIPLINE) REGULATIONS
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[接上页] (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 |
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