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

12. Punishment
(1) A traffic warden who has pleaded guilty to or is found guilty of a disciplinary offence before or by the tribunal may, subject to regulation 17, be awarded any of the following punishments by the tribunal—
(a) caution;
(b) reprimand;
(c) severe reprimand;
(d) deferment or stoppage of increment;
(e) forfeiture of not more than 1 month’s pay except in the case of absence without good cause when forfeiture of pay extends to the period of absence in addition to any other punishment awarded;
(f) reduction in rank;
(g) an order to resign immediately without salary in lieu of notice;
(h) compulsory retirement with full retirement benefits or reduced retirement benefits or without retirement benefits;
(i) dismissal without retirement benefits.
(2) If a traffic warden has pleaded guilty to or is found guilty of a disciplinary offence before or by the tribunal, and the tribunal sends the Defaulter Report to a superintendent or a senior police officer under regulation 10(6)(b) or (7)(b)(ii), the superintendent or the senior police officer may exercise all the powers of punishment conferred by regulation 17.
(3) Despite this regulation, a traffic warden who—
(a) has pleaded guilty to or is found guilty of a disciplinary offence; and
(b) is to be dismissed by the Commissioner or a senior police officer,
must, if he or she is a senior traffic warden, be reduced in rank before the dismissal.
(4) Despite this regulation, a traffic warden who—
(a) has pleaded guilty to or is found guilty of a disciplinary offence; and
(b) has been ordered by the Commissioner or a senior police officer to resign,
must, if he or she fails to comply with the order, be dismissed without retirement benefits.
(L.N. 62 of 2012)

13. Appeals
(1) Any traffic warden may within 14 days of the announcement 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 superintendent 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 relevant 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.

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

15. Power to suspend punishment
(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.

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

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.

17. Awards
The powers of punishment of a tribunal and the Commissioner shall be those which are set out in the Schedule.

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.

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

19. Transitional provisions
(1) The amendments made by sections 4, 13 and 16 of the amendment regulation (which amend regulations 3 and 12 of, and the Schedule to, the pre-amended regulations) do not apply to proceedings under these regulations conducted in respect of a defaulter to whom a notice was given before the commencement date under regulation 4(2) of the pre-amended regulations, and regulations 3 and 12 of, and the Schedule to, the pre-amended regulations apply in respect of those proceedings as if those amendments had not been made.
(2) In this regulation—
amendment regulation (《修訂規例》) means the Traffic Wardens (Discipline) (Amendment) Regulation 2012 (L.N. 62 of 2012);
*commencement date (生效日期) means the commencement date of the amendment regulation appointed under section 1 of the amendment regulation;
pre-amended regulations (《修訂前規例》) means the Traffic Wardens (Discipline) Regulations (Cap. 374 sub. leg. J) as in force immediately before the commencement date.
(L.N. 62 of 2012) Editorial Note:
* Commencement date: 15 October 2021.

### Road Traffic (Construction and Maintenance of Vehicles) Regulations (words omitted as spent—E.R. 2 of 2012) 《道路交通(車輛構造及保養)規例》

1. Citation
(E.R. 4 of 2022)(1) These regulations may be cited as the Road Traffic (Construction and Maintenance of Vehicles) Regulations (words omitted as spent—E.R. 2 of 2012).
(2) (Omitted as spent—E.R. 2 of 2012)