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[接上页] (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. |