Hong Kong Regulations

TRAFFIC WARDENS (DISCIPLINE) REGULATIONS - REGULATION 8

Procedure

(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 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.