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

8. Procedure at hearing
(1) If a defaulter pleads guilty to a charge at a hearing, the tribunal must ask if the defaulter wishes to make or produce to the tribunal a statement which contains any relevant matters that the defaulter wishes to be taken into consideration by the tribunal, and such a statement must be entered on the official record of proceedings.
(2) If the defaulter pleads not guilty to the charge and evidence for the prosecution is called, witnesses are to be called in support of the charge and, at the conclusion of the evidence of each of those witnesses, the defaulter or the defence representative may cross-examine that witness, who may then be re-examined.
(3) When the examination of all witnesses in support of the charge has been completed, the tribunal must ask if the defaulter wishes to—
(a) give evidence; and
(b) call witnesses.
(4) If the defaulter gives evidence, the defaulter may be cross-examined and re-examined and any witness called by the defaulter may be examined, cross-examined and re-examined.
(5) At the close of the defence case, witnesses may be called with the consent of the tribunal to give evidence in rebuttal, and may be examined, cross-examined and re-examined.
(6) At the conclusion of all the evidence, the prosecutor or any barrister or solicitor assisting the prosecutor may address the tribunal and then the defaulter or the defence representative may address the tribunal in reply.
(7) The tribunal may—
(a) call witnesses; and
(b) ask any witness any question,
that it considers may assist it in determining the case.
(8) Evidence must not be taken on oath or affirmation.
(9) The defaulter, the defence representative, the prosecutor and any barrister or solicitor assisting the prosecutor may inspect any exhibit produced to the tribunal by a witness.
(10) The tribunal may adjourn the hearing from time to time and if an application is made for an adjournment, the applicant must show to the satisfaction of the tribunal that the adjournment would serve the ends of justice.
(11) An adjournment granted under paragraph (10) must be for a reasonable period only.
(L.N. 62 of 2012)

8A. Record of proceedings
(1) The tribunal must make, or cause to be made, a written record of the proceedings of a hearing, and the record is to form part of the Defaulter Report.
(2) The tribunal may make, or cause to be made, an audio recording or audio and visual recording of the proceedings, or any part of the proceedings, of a hearing.
(L.N. 62 of 2012)

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

9. Adding or amending charges
(1) The prosecutor may amend a charge or add a further charge at any time before the tribunal communicates a finding to the defaulter.
(2) The tribunal must read and explain any amended or new charge to the defaulter.
(3) The defaulter must plead in person to the amended or new charge, or to each amended or new charge separately if there is more than one, and he or she—
(a) is entitled to a reasonable adjournment to prepare a further defence;
(b) may recall any witness; and
(c) may call any further witness as he or she thinks fit.
(4) A witness giving evidence under this Part may be cross-examined and re-examined.
(L.N. 62 of 2012)

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

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.

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

11. Review
(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 reviews 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 opportunity of making oral representations to it as to why the punishment should not be increased. (L.N. 95 of 1993)
(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.

11A. Proceedings in defaulter’s absence
Where a defaulter is required to appear in person in any proceedings under this Part and repeatedly fails to appear, the tribunal may proceed in the defaulter’s absence if satisfied that the defaulter has no reasonable excuse for the failures.
(L.N. 62 of 2012)