1964_ROAD_TRAFFIC_ORDINANCE_2 — Page 48

1989 Ed.]

Road Traffic

[CAP. 374

47

other act which destroys, alters or conceals any evidence of the accident commits an offence and is liable to a fine of $10,000 and to imprisonment for 6 months.

(2) In any proceedings against a person in respect of the moving of or interference with a vehicle in contravention of subsection (1), it shall be a defence for the person charged to prove that the vehicle was moved or interfered with for the purpose of saving life, extinguishing fire or meeting any other emergency.

PART VIII

ENFORCEMENT

58. Appointment of traffic wardens

(1) The Commissioner of Police may appoint such persons as he thinks fit to be traffic wardens or senior traffic wardens.

(2) Traffic wardens shall discharge, in aid of the Royal Hong Kong Police Force, the following functions-----

(a) the enforcement of the Fixed Penalty (Traffic Contraventions)

Ordinance (Cap. 237);

(b) the control and regulation of vehicular traffic and pedestrians, whether on a road or not, and any functions incidental to, or connected with, the control and regulation of such traffic or pedestrians, which are normally undertaken by the Police Force; and

(c) any other functions which may be conferred on them by or under

this or any other Ordinance.

(3) Subject to subsection (4), for the purposes of discharging his functions under subsection (2), a traffic warden shall have all the powers and duties of a police officer.

(4) Notwithstanding subsection (3), a traffic warden shall not have power-

(a) to arrest or detain a person; or

(b) to search a person.

(5) Traffic wardens shall be subject to the orders and directions of the Commissioner of Police.

(6) A traffic warden shall obey all lawful orders given to him by a police officer of or above the rank of sergeant.