### Road Traffic (Parking on Private Roads) Regulations 《道路交通(私家路上泊車)規例》

13. Prohibition of unauthorized signs or road markings
(1) No person shall erect or place, or cause to be erected or placed, on, in or near a private road, any sign or road marking specified in Schedule 1 or any sign or road marking which is of such similarity to such a specified sign or road marking that any person approaching it might reasonably mistake it for such a specified sign or road marking, except—
(a) with the approval in writing of the owner of that road; or
(b) under and in accordance with any Ordinance.
(2) The owner of a private road may by notice in writing served by registered post on any person who has erected or placed, or caused to be erected or placed, any sign or road marking in contravention of subregulation (1) require such person to remove it and, if such person fails to comply with such notice, the owner may cause the sign to be removed, or the road marking to be obliterated or removed, as the case may be, and thereupon the sign and any part thereof and every attachment thereto shall be forfeited to the owner and the owner may recover from such person as a civil debt the cost of the removal of the sign or the cost of the obliteration or removal of the road marking and also the cost of any reinstatement of that road necessitated by such removal of the sign or such obliteration or removal of the road marking.
(3) Any person who contravenes subregulation (1) commits an offence and is liable to a fine at level 1. (E.R. 4 of 2019)

14. Offences in relation to signs, road markings and immobilization devices
(1) No person shall—
(a) move, damage, or interfere in any way with, any sign erected or placed under these regulations on a private road; or
(b) obscure, deface, alter or obliterate any road marking placed under these regulations on a private road,
except—
(i) with the approval in writing of the owner of that road; or
(ii) under and in accordance with any Ordinance.
(2) No person without the consent of the owner of the private road concerned or an authorized officer in respect of that road shall remove, damage, or interfere in any way with any approved immobilization device fitted to a vehicle under these regulations.
(3) No person shall for the purposes of these regulations fix an immobilization device to a vehicle except an approved immobilization device.
(4) Any person who contravenes subregulation (1), (2) or (3) commits an offence and is liable to a fine at level 1. (E.R. 4 of 2019)

### Road Traffic (Parking on Private Roads) Regulations 《道路交通(私家路上泊車)規例》

15. Obstruction
Any person who without lawful authority or reasonable excuse obstructs the owner of a private road or an authorized officer in the exercise of any power conferred, or the discharge of any duty imposed, under these regulations commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 6 months.
(E.R. 4 of 2019)

16. Presumption as to signs or road markings
A sign erected or placed on, in or near, or a road marking placed on, a private road which is similar to a sign or road marking specified in Schedule 1 shall be deemed to be such a specified sign or road marking and to have been lawfully so erected or placed unless the contrary is proved, and the fact that a sign or road marking differs slightly in size, colour or type from such a specified sign or road marking shall not prevent such a sign or road marking from being such a specified sign or road marking so long as the general appearance of the sign or road marking is not thereby materially impaired.
(L.N. 50 of 1989)

### Traffic Wardens (Discipline) Regulations 《交通督導員(紀律)規例》

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

### Traffic Wardens (Discipline) Regulations 《交通督導員(紀律)規例》

3. Disciplinary offences
(1) Any traffic warden who commits any disciplinary offence, and—
(a) pleads guilty before a tribunal; or
(b) is found guilty by a tribunal,
may be punished by such tribunal in accordance with these regulations.
(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 Commissioner, 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 Government property;
(k) conduct likely to bring the public service into disrepute. (L.N. 62 of 2012)

4. Preliminary procedure
(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 prima facie 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. Objection to officer hearing the case
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.

5A. Appointment of prosecutor
The Commissioner must appoint a prosecutor for the purposes of proceedings against a defaulter under this Part.
(L.N. 62 of 2012)

### Traffic Wardens (Discipline) Regulations 《交通督導員(紀律)規例》

5B. Representation of defaulter at hearing
(1) A defaulter may be represented at a hearing by—
(a) (subject to the Commissioner’s approval) a barrister or solicitor; or
(b) any other person of the defaulter’s choice who is approved by the Commissioner for the purpose,
and the person specified in subparagraph (a) or (b) may conduct the defence on the defaulter’s behalf.
(2) If the Commissioner gives approval under paragraph (1)(a), the defaulter may be represented at the hearing by a barrister or solicitor of the defaulter’s choice.
(3) Despite paragraph (1), a defaulter must attend a hearing in person.
(4) If a defaulter is represented at a hearing by a barrister or solicitor, the tribunal and the prosecutor may separately be assisted by a barrister or solicitor at the hearing.
(L.N. 62 of 2012)

6. Access to records and documents
A defaulter must be given copies of or reasonable access to any police records and other documents which the defaulter requires, and are necessary to enable the defaulter to prepare the defence, but not including those records for which the Government claims privilege.
(L.N. 62 of 2012)

7. Plea of defaulter
(1) At the hearing, the tribunal must read to the defaulter any charge against him or her.
(2) The defaulter must plead in person guilty or not guilty to the charge, or to each charge separately if there is more than one, unequivocally.
(3) The tribunal must enter the plea or pleas on the official record of proceedings.
(L.N. 62 of 2012)