1964_TRAFFIC_WARDENS_(DISCIPLINE0_REGULATIONS — Page 8

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[Subsidiary]

CAP. 374] Traffic Wardens (Discipline) Regulations

[1984 Ed.

(a) confirm any finding or vary any finding from guilty to not

guilty; and

(b) confirm, remit or, subject to regulation 17, vary any punishment awarded, but no greater punishment shall be awarded by him unless the defaulter is given an opportu- nity of making oral representations to him as to why the punishment should not be increased.

(2) A superintendent shall not act of his own motion if he originated or assisted in the investigation of the complaint leading to the proceedings.

(3) A senior police officer may, of his own motion within 14 days from the date of any finding or punishment awarded by a superintendent sitting as the tribunal or upon any appeal under regulation 13(1)(b)—

(a) confirm or vary any finding of the tribunal and substitute any finding which the tribunal could have made on the evidence adduced; or

(b) order a rehearing of the case by another tribunal.

(4) The Commissioner may, of his own motion within 14 days from the date of any finding or punishment awarded by a senior police officer sitting as the tribunal, or upon any appeal under regulaton 13(1)(c)—

(a) confirm or vary any finding of the tribunal and substitute any finding which the tribunal could have made on the evidence adduced; or

(b) order a rehearing of the case by another tribunal.

(5) Notwithstanding paragraphs (3) and (4)———

(a) a senior police officer may confirm or remit any punish- ment awarded by a tribunal consisting of an officer of the rank of superintendent or below, or may, subject to regulation 17, substitute any other punishment;

(b) the Commissioner may confirm or remit any punishment awarded by a tribunal consisting of an officer of the rank of senior police officer or below, or may, subject to regulation 17, substitute any other punishment.

(6) The Commissioner or a senior police officer shall not- (a) substitute for any punishment awarded by a tribunal or by such other tribunal, as the case may be, any greater punishment without first calling on the defaulter to show cause why such punishment should not be increased; or (b) substitute for a finding of not guilty a finding of guilty; or (c) order a rehearing of the case where the finding was one of

not guilty.