Hong Kong Regulations

TRAFFIC WARDENS (DISCIPLINE) REGULATIONS - REGULATION 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.