TRAFFIC WARDENS (DISCIPLINE0 REGULATIONS

TRAFFIC WARDENS (DISCIPLINE0 REGULATIONS

TRAFFIC WARDENS (DISCIPLINE) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation PART I Page

PRELIMINARY

1. Citation ... ... ... ... ... ... .. - . ... ... ... ... ... .... ... K 2
2. Interpretation ... ... ... ... ... ... ... ... ... ... . ... ... ... ... K 2
3. Disciplinary offences ... ... ... ... ... ... .... ... ... ... ... ... ... K 2

PART 11

INVESTIGATION INTO DISCIPLINARY OFFENCES,
PUNISHMENT AND APPEALS

4. Preliminary procedure ... ... ... ... ... ... ... ... ... ... ... ... K 3
5. Objection to officer hearing the case ... ... ... ... ... ... ... ... ... K 4
6. Access to records and documents ... ... ... ... ... ... ... ... ... ... K 4
7. Plea of defaulter ... ... ... ... ... ... ... ... ... ... ... ... ... K 4
8. Procedure ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... K 4
9. Adding or amending charges ... ... ... ... ... ... . ... ... ... ... ... K 5
10. Proceedings after hearing ... ... ... ... ... ... ... ... ... ... ... ... K 5
11. Review ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... K 6
12. Punishment ... ... ... ... ... ... ... ... ... ... ... ... ... ... K 6
13. Appeals ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... K 7
14. Powers of superintendents on appeal ... ... ... ... ... ... ... ... ... K 7

PART 111

MISCELLANEOUS PROVISIONS

15. Power to suspend punishment ... ... ... ... ... ... ... ... ... ... K 9
16. Payment for loss or damage to property ... ... ... ... ... ... ... ... K 9
17. Awards ... ... ... ... ... ... .1 . ... ... ... .... ... ... ... ... K 10
18. Effect of award ... ... ... ... ... ... ... ... ... ... ... ... ... ... K 10

Schedule ...................................... ... ... ... ... ... ... ... ... ... K 11





TRAFFIC WARDENS (DISCIPLINE) REGULATIONS

*(Cap. 374, section 11)

[1 September 1978.1

PART 1

PRELIMINARY

1. These regulations may be cited as the Traffic Wardens
(Discipline) Regulations.

2. In these regulations, unless the context otherwise requires-

'Commissioner' means the Commissioner of Police;

'defaulter' means a traffic warden or senior traffic.warden charged
with a disciplinary offence;

'disciplinary offence' means an offence against discipline specified
in regulation 3(2);

'inspector' means an inspector of police, senior inspector of police
or chief inspector of police;

'senior police officer' means a chief superintendent, assistant com-
missioner or senior assistant commissioner;

'sub-divisional inspector' 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' includes senior superintendent of police;

'tribunal' 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.

3. (1) Any traffic warden who commits any disciplinary
offence, and-
(a) pleads guilty before a tribunal; or
(b) is found guilty by a tribunal,

These regulations were made under the repealed Road Traffic Ordinance (Cap. 220)
and, by virtue of section 36(1) ofthe 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).





may be punished by such tribunal in accordance with these regula-
tions.

(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 Commis-
sioner, 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 Govern-
ment property;

(k) conduct calculated to bring the public service into disrepute.

PART 11

INVESTIGATION INTO DISCIPLINARY OFFENCES,
PUNISHMENT AND APPEALS

4. (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 primafacie 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. 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.

6. 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
Crown claims privilege.

7. 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.

8. (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.

(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 maybe cross-examined
and such witnesses as he desires to call may, after giving evidence, be
cross-examined and then 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 avail-
able 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.

9. 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.

10. (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. (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 reveiws 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 opportu-
nity of making oral representations to it as to why the punishment
should not be increased.

(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.

12. (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 dismis-
sal; or

(b)ordered by the Commissioner or a senior police officer to
resign shall, if he fails to do so, he dismissed under
paragraph (2).

13. (1) Any traffic warden may within 14 days of the an-
nouncement 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 super-
intendent 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 rele-
vant 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. (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 regula-
tion 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 opportu-
nity 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
regulaton 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 punish-
ment 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

(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.

PART Ill

MISCELLANEOUS PROVISIONS

15. (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 suspen-
sion, the defaulter is convicted of a further disciplinary offence the
suspended punishment shall be executed forthwith and any punish-
ment on such further offence shall not be suspended.

(4) This regulation shall not affect the lodging and hearing of
an appeal.

16. (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 prop-
erty 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 prop-
erty 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 arnount 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 repre-
sentations 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. The powers of punishment of a tribunal and the Commis-
sioner shall be those which are set out in the Schedule.

18. Subject to regulation 15, an award of punishment made
under these regulations shall take effect from the date of announce-
ment or communication to the defaulter of the award.





SCHEDULE [reg. 17.1

POWERS OF PUNISHMENT

Punishment that nia). he imposed upon
Tribunal Tra c Warden Senior Trqffic Warden
Ifi
(2) (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 (c) In the case of
absence without, good cause, forfeiture of
pay for the period of absence in addition to any other pay for the period of absence in addition to any other
punishment awarded. 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;
(
(d) Forfeiture of not more than 7 days* pay except in the case (d) Forfeiture of not
more than 7 days' pay except in the case
of absence without good cause when forfeiture of pay shall of absence without good cause when forfeiture of
pay shall
extend to the period of absence in addition to any other extend to the period of absence in addition to any
other
punishment awarded. 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.





Punishment that nutY he intposed upon

Tribunal
Traffic Warden Senior Traffic Warden
(2) (3)

Senior Police Officer 1 (a) Caution; 1 (a) Caution;

(b) Reprimand; (b) Reprimand;

(c) Severe reprimand; or (c) Severe reprimand;

(d) Forfeiture of not more than 1 month's pay except in the case (d) Forfeiture of not
more than 1 month's pay except in the case
of absence without good cause when forfeiture of pay shall of absence without good cause when forfeiture of
pay shall
extend to the period of absence in addition to any other extend to the period of absence in addition to any
other
punishment awarded. punishment awarded; or

2. Order for payment under regulation 16. (e) Reduction in kank.

2. In place of, or in addition to any punishment set out in paragraph
3. Suspend punishment under regulation 15. 1 above,-

4. In place of, or in addition to any punishment awarded under (a) dismissal and reduction in rank before dismissal; or

paragraph 1 above,- (b) order to resign forthwith, without salary in lieu of notice.
(a) dismissal; or

(b) order to resign forthwith, without salary in lieu of notice. 3. Order for payment under regulation 16.

4. Suspend punishment under regulation 15.





Punishment that rna.v be imposed upon
Tribunal
Traffic Warden Senior Trqffic Warden
(2) (3)

Commissioner of Police 1. (a) Caution; 1. (a) Caution;
(b) Reprimand; (b) Reprimand;
(r) Severe reprimand; or (c) Severe reprimand;
(d) Forfeiture of not more than 1 month's pay except in the (d) Reduction in rank; or
case of absence without good cause when forfeiture of pay
shall extend to the period of absence in addition to any (e) Forfeiture of not more than 1 month's pay except in
the case
other punishment awarded. of absence without good cause when forfeiture of pay shall
extend to the period of absence in addition to any other
2. In place of, or in addition to any punishment awarded under punishment
awarded.
paragraph 1 above,- 2.In place of, or in addition to any punishment awarded under
(a) dismissal; or paragraph 1 above,-

(b) order to resign forthwith, without salary in lieu of notice. (a) dismissal and reduction in rank before
dismissal; or

3. Order for payment under regulation 16. (b) order to resign forthwith, without salary in lieu of
notice.

4. Suspend punishment under regulation 15. 3. Order for payment under regulation 16.

4. Suspend punishment under regulation 15.
L.N. 184/78. L.N. 208/78. Citation. Interpretation. Disciplinary offences. Preliminary procedure. Objection to officer hearing the case. Access to records and documents. Plea of defaulter. Procedure. Adding or amending charges. Proceedings after hearing. Review. Punishment. Appeals. Powers of superintendents on appeal. Power to suspend punishment. Payment for loss or damage to property. Awards. Schedule. Effect of award.

L.N. 184/78. L.N. 208/78. Citation. Interpretation. Disciplinary offences. Preliminary procedure. Objection to officer hearing the case. Access to records and documents. Plea of defaulter. Procedure. Adding or amending charges. Proceedings after hearing. Review. Punishment. Appeals. Powers of superintendents on appeal. Power to suspend punishment. Payment for loss or damage to property. Awards. Schedule. Effect of award.

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