Description
LAWS OF HONG KONG
ROAD TRAFFIC ORDINANCE
CHAPTER 374
CHAPTER 374
ROAD TRAFFIC ORDINANCE
ARRANGEMENT OF SECTIONS
Section Page
PART I
PRELIMINARY
1........................................Short title 7
2........................................Interpretation 7
3........................................Application to Crown 14
4........................................Application of Ordinance to trams 14
4A.......................................Application of Ordinance to village vehicles 14
4B.......................................(Repealed) 15
PART II
REGULATIONS
5. International agreements .............15
6. Regulation of registration and licensing of vehicles 16
7. Regulation ofpublic service vehicles .18
8. Regulation of driving licences .......19
9. Regulation of construction and maintenance of vehicles 20
10. Regulation of specified safety equipment 21
11. Regulation of traffic ................21
12. Regulation of parking of vehicles ....23
12A.......................................Regulation of village vehicles 23
13. Provision for the Commissioner and others to act and charge fees, and for
absolute liability ...................25
14. Onus of proof in certain cases .......25
14A....................................Transitional provisions in regulations -- 25
15. Penalties under the regulations ......25
PART III
TRANSPORT TRIBUNALS
16.......................................Transport Tribunals' panel 26
17.......................................Appointment of Transport Tribunals 26
18.......................................Legal adviser to a Transport Tribunal 26
Section................................... Page
19. Powers of Transport Tribunal .........26
20. Practice and procedure of Transport Tribunal 27
PART IV
REGISTRATION AND LICENSING OF VEMCLES
21.......................................Classification of vehicles 27
22.......................................Registration and licensing 27
23.......................................Power to regulate the number of vehicles registered 28
24.......................................Power to refuse registration 28
25.......................................Power to refuse or cancel licence and to impose conditions in respect of taxis 29
26.......................................Trailers and rickshaws 30
27.......................................Passenger service licence 30
28. Matters to be taken into account in considering an application for a passenger
service licence ...................31
29. Commissioner's power to refuse an application for a passenger service licence 32
30. Inquiry where passenger service licence is contravened 32
31. Commissioner's power to cancel, suspend or vary a passenger service licence 33
32. Effective date of a cancellation, suspension or variation 33
33. Right of review of Commissioner's determination under section 24, 25, 26, 29
or 31 ................................33
34.......................................Practice and procedure on review 34
35.......................................Determination of review 34
PART V
TRAFFIC OFFENCES
36.......................................Causing death by reckless driving 35
37.......................................Reckless driving 35
38.......................................Careless driving 36
39.......................................Driving a motor vehicle under the influence of drink or drugs 36
40.......................................Speed limit 37
41.......................................Driving in excess of speed limit 38
42.......................................Driving without a licence, etc . 38
43.......................................Enforcement powers of a police officer or the Commissioner 38
44.......................................Offence of obtaining licence, or driving, while disqualified 39
45.......................................Reckless cycling 40
46.......................................Careless cycling 40
47.......................................Cycling, etc. when under the influence of drink or drugs 40
48. Offences by pedestrians................................................................................................ 41
Section................................... Page
49. Tampering with motor vehicles ........41
50. Interfering with traffic signs or road markings 41
51. Prohibition of unauthorized signs or markings 41
PART VI
USE, SALE AND HIRE OF VEHICLES
52.......................................Restriction on the use of vehicles 42
53.......................................Prohibition of sale, hire etc. of vehicles not complying with regulations 43
54.......................................Restriction on hire and riding of cycles 44
55.......................................Restriction on motor racing and speed trials 45
PART VII
ACCIDENTS
56.......................................Duty to stop in case of accidents 45
57.......................................Preservation of evidence of serious accidents 46
PART VIII
ENFORCEMENT
58.......................................Appointment of traffic wardens 47
59.......................................Provisions applicable to traffic wardens 48
60.......................................Power of police to stop vehicles 48
61.......................................Penalty for neglect of traffic directions 48
61A......................................Drivers of vehicles of the North-west Railway to obey police directions in
emergency ............................48
62.......................................Penalty for obstruction 49
63.......................................Obligation to give certain information 49
64.......................................Proof in summary proceedings of identity of driver 51
65.......................................Provision of weigh-bridges and weighing of motor vehicles etc . 51
66.......................................Power to test for excessive smoke 51
67.......................................Power to seize document, vehicle licence or registration mark 52
68.......................................Notice of intention to prosecute for certain offences 53
69.......................................Disqualification on conviction of certain offences 53
70.......................................Re-testing of drivers 54
71.......................................Notification and effect of, and appeal against, disqualification 55
72.......................................Removal of disqualification 56
73.......................................Evidence by certificate 56
74.......................................Certificate as to registered owner of vehicle or holder of driving licence 57
75.......................................Proof of matters relating to previous convictions 58
Section................................... Page
76. Service ......................................................................... 59
77. Exemptions of fire engines, etc. from speed limits and traffic lights 59
PART IX
EXAMINATION OF MOTOR VEHICLES
78. Examination of motor vehicles in connection with registration etc . 60
79. Examination orders for examination of motor vehicles 61
80. Examination of motor vehicle on road by police officer and removal to vehicle
examination centre or police station 61
81. Powers of vehicle examiner on examination of motor vehicle 62
82. Vehicle not in accordance with particulars in register, form of application for
registration or notice of transfer ................................................................ 63
83. Vehicle not roadworthy or not in accordance with the Ordinance or
conditions of vehicle licence ......................... : 63
84. Suspension of vehicle licence orders 64
85. Repair orders .......................64
86. Fees ................................65
87. Forfeiture and disposal .............65
88. Vehicle examiners and vehicle examination centre 66
PART IXA
L~;r '400s 'Hfe,46-1
EXAMINATION OF PRIVATE CARYT CAR TESTING CENTRES
88A......................................Interpretation 66
88B......................................Examination of private cars before licensing 66
88C......................................Authorized car testing centres 67
881).....................................Revocation of designation 68
88E......................................Termination of designation 69
88F......................................Ancillary powers of Commissioner 69
88G......................................Power to enter and inspect records, equipment, etc . 70
8811.....................................Amendment of Schedule 8 70
881......................................Protection of Crown and public officers 70
PART IXB
DESIGNATED DRIVING SCHOOLS
88J......................................Interpretation 70
88K......................................Authorized driving school 71
88L......................................Revocation of designation 72
88M..............................Termination of designation ................... 73
Section................................... Page
88N.......................................Ancillary powers of the Commissioner 73
880.......................................Power to enter and inspect 74
88P.......................................Amendment of Schedule 9 74
88Q.......................................Protection of Crown and public officers 74
PART X
SUSPENSION OF LICENCES OF MOTOR VE1ECLES
89.......................................Interpretation in this Part 74
90.......................................Notice of intention to suspend on the conviction of a driver 75
91.......................................Hearing to show cause why vehicle licence should not be suspended 75
92.......................................Decision of Tribunal 76
93. Suspension of vehicle licence and delivery of vehicle into custody of
Commissioner .........................76
94. Penalty payable if vehicle not delivered into custody 77
95. Seizure and removal of vehicle .......77
96. Forfeiture and disposal of vehicle ...78
97. Record and certificate of alleged offences 79
98. Commissioner of Police to supply information for the record 79
99. Removal of registration mark from the record 79
100.......................................Application of sections 90 to 96 79
101.......................................Service of notices 80
102.......................................Amendment of Schedule 4 80
PART X1
REMOVAL, DETENTION AND DISPOSAL OF VElfiCLES
103.......................................Removal of vehicles 80
104.......................................Detention of vehicles 81
105.......................................Vehicles returned to owner 81
106.......................................Disposal of unclaimed vehicles 81
107.......................................Disposal of abandoned vehicles 81
108.......................................Application of Part XI 82
PART XII
MISCELLANEOUS
109.......................................Road users' code and codes of practice 82
110.......................................Variation of traffic signs and road markings 83
ill.......................................Forgery of documents 83
112.......................................Power of Governor to give directions to Commissioner, etc . 85
Section..................................... Page
113.............................Transitional provisions 85
113A...........Transitional privision regarding public and private buses 85
114........................Minor and consequential amendments 85
115...............................(Has had its effect) 85
PART XIII
PRIVATE ROADS
116................This Part not to apply to certain private roads 86
117...................Application of Ordinance to private roads 86
118..................Application of regulations to private roads 86
119..Proof of certain offences which apply to private roads as they apply to roads 87
120....................................Defence 87
121.....................Regulation of parking on private roads 88
Schedule 1........................Classes of vehicle 89
Schedule 2..............................Forms 90
Schedule 3...............Fees for motor vehicle examinations 92
Schedule 4.Offences and periods for which the licence of a motor vehicle may be
suspended ...........................93
Schedule 5...................Storage and removal charges 93
Schedule 6.....................Transitional provisions 93
Schedule 7................Minor and consequential amendments 94
Schedule 8..........Requirements applicable to car testing centres 94
Schedule 9......Requirements applicable to designated driving schools 95
CHAPTER 374
ROAD TRAFFIC
To provide for the regulation of road traffic and the use of vehicles and roads
(including private roads) and for other purposes connected therewith.
(Amended 80 of 1988 s. 2)
[25 August 19841 L.N. 294 of 1984
Originally 75 of 1982 - 50 of 1983, 65 of 1983, L.N. 100 of 1984, 20 of 1984, 38 of 1984, 66 of 1984,
L.N. 21 of 1985, L.N. 94 of 1985, 65 of 1985, 66 of 1985, R. Ed. 1985, L.N. 127 of 1986, 31 of
1986, 43 of 1986, 56 of 1986, 46 of 1987 47 of 1987 66 of 1987, 36 ol 1988, 80 of 1988, 89 of
1988, 22 of 1989, 27 of 1989, 50 of 1989, ~~ of 1989, ~ ifp~ 4~2Z~WC~ cm~U-/?
PART I
PRELIMINARY
1. Short title
This Ordinance may be cited as the Road Traffic Ordinance.
2. Interpretation
In this Ordinance, unless the context otherwise requires-
'bicycle' means a vehicle with 2 wheels designed and constructed to be
propelled by the use of pedals;
'bus' means a motor vehicle constructed or adapted for the carriage of more
than 16 passengers and their personal effects; (Amended89 of 1988s.2)
'Commissioner' means the Commissioner for Transport;
'conductor' in relation to a bus includes any person, other than the driver, who
is employed-
(a) to be in charge of, or to guide, passengers on the bus; or
(b) as an inspector of any service provided by the bus;
'disqualified' means disqualified under this Ordinance from holding or
obtaining a driving licence and 'disqualification' shall be construed
accordingly;
'domestic driving permit' and 'domestic driving licence' in relation to a place
outside Hong Kong mean a document issued under the law of that place
authorizing the driver to drive motor vehicles or a specified class or
description of motor vehicles in that place;
'driver', in relation to any vehicle (other than a rickshaw), vehicle of the
North-west Railway, or tram, means any person who is in charge of or
assisting in the control of it and, in relation to a rickshaw, means any
person pulling a rickshaw; (Amended46of 1987s. 2)
'driver operated village vehicle' means a motor vehicle having an overall length
not exceeding 3.2 m and an overall width not exceeding 1.2 m constructed
or adapted primarily for the carriage of goods on roads in rural areas or
areas inaccessible or closed to other motor vehicles, in addition to the
carriage of a driver only; (Added 31 of 1986 s. 2)
'driving licence' means a driving licence issued under this Ordinance;
'educational institution' means-
(a)any institution, organization or place which provides, or where
there is provided, for 10 or more persons during any one day,
whether or not at the same time, kindergarten, primary,
secondary or post secondary education or any other educational
course which is either---
(i) registered as a school under the Education Ordinance (Cap.
279); or
(ii) exempted from registration as a school under the Education
Ordinance (Cap. 279);
(b)any post secondary college registered under the Post Secondary
Colleges Ordinance (Cap. 320);
(c)the University of Hong Kong referred to in the University of
Hong Kong Ordinance (Cap. 1053);
(d)the Chinese University of Hong Kong established under the
Chinese University of Hong Kong Ordinance (Cap. 1109);
(e)the Hong Kong Polytechnic established under the Hong Kong
Polytechnic Ordinance (Cap. 1075);
(f)the Hong Kong Baptist College established by the Hong Kong
Baptist College Ordinance (Cap. 1126); (Added50 of 1983
s.34)
(g)the City Polytechnic of Hong Kong established by the City
Polytechnic of Hong Kong Ordinance (Cap. 1132); (Added 65
of 1983 s. 25)
(h)The Hong Kong Academy for Performing Arts established by
The Hong Kong Academy for Performing Arts Ordinance (Cap.
1135); (Added38 of 1984s. 28)
(i)The Hong Kong University of Science and Technology
established by The Hong Kong University of Science and
Technology Ordinance (Cap. 1141); (Added 47 of 1987 s. 25)
(j)The Open Learning Institute of Hong Kong established by The
Open Learning Institute of Hong Kong Ordinance (Cap. 1145);
(Added 22 of 1989 Schedule 2)
'golf carC means a motor vehicle having an overall length not exceeding
3.2 m and an overall width not exceeding 1.2 m constructed or intended for
use for the carriage of passengers on golf courses, in addition to the
carriage of a driver; (Added80of 1988s.3)
'goods' includes burden of any description;
'goods vehicle' means a motor vehicle, or trailer, which is constructed or
adapted for use primarily for the carriage of goods, but does not include-
(a)a motor tricycle or a motor cycle with or without a sidecar
attached thereto; or
(b) a village vehicle; (Replaced 31 of 1986 s. 2)
'gross vehicle weight', in relation to a vehicle, means the sum of the weights
transmitted to the road surface by all the wheels of the vehicle and
includes, in the case of a trailer, any weight of the trailer imposed on the
drawing vehicle, and the 'permitted gross vehicle weight' of a vehicle
means the maximum gross vehicle weight assigned or determined in respect
of the vehicle in accordance with regulations made under this Ordinance;
(Amended 66 of 1985 s. 2)
'heavy goods vehicle' means a goods vehicle having a permitted gross vehicle
weight exceeding 24 tonnes but not exceeding 38 tonnes;
'hire car permit' means a permit issued in accordance with this Ordinance
authorizing the use of a private car for the carriage of passengers for hire
or reward;
'international driving permit' means an international driving permit issued
under the authority of a country other than Hong Kong which is a party to
an international agreement for the time being in force in respect of Hong
Kong;
'invalid carriage' means a motor vehicle especially designed and constructed
for the sole use of a person suffiering from physical defects or disabilities;
'kindergarten education' has the meaning assigned to it by section 3 of the
Education Ordinance (Cap. 279);
'light bus' means a motor vehicle having a permitted gross vehicle weight not
exceeding 4 tonnes which is constructed or adapted for use solely for the
carriage of a driver and not more than 16 passengers and their personal
effects, but does not include an invalid carriage, motor cycle, motor
tricycle, private car or taxi; (Amended 89 of 1988 s. 2)
'light goods vehicle' means a goods vehicle having a permitted gross vehicle
weight not exceeding 5.5 tonnes;
'medium goods vehicle' means a goods vehicle having a permitted gross vehicle
weight exceeding 5.5 tonnes but not exceeding 24 tonnes;
44motor cycle' means a two-wheeled motor vehicle with or without a sidecar;
&tmotor tricycle' means a three-wheeled motor vehicle other than-
(a) a motor cycle with a sidecar; and
(b) a village vehicle;(Replaced 31 of 1986 s. 2)
'motor vehicle' means any mechanically propelled vehicle;
'North-west Railway' means the North-west Railway within the meaning
of the Kowloon-Canton Railway Corporation Ordinance (Cap. 372);
(Added 56 of 1986 s. 26)
,,overall length' and 'overall width' in relation to a vehicle, shall have the
meanings assigned to them respectively by regulations made under section
9; (Added 31 of 1986 s. 2)
,,owner', in relation to-
(a)a private road, means the person who under common law has the
right to restrict access by the public to that road; and
(b)a vehicle, includes the person in whose name the vehicle is
registered or a village vehicle permit is issued, and the person by
whom a vehicle is kept and used and, in relation to a vehicle
which is the subject of a hiring agreement or hire purchase
agreement, means the person in possession of the vehicle under
the agreement; (Replaced 80 of 1988 s. 3)
'parking place' means a place designated by the Commissioner under this
Ordinance as a parking place;
IGpassenger' in relation to a vehicle means any person carried in or on it other
than any driver or conductor of it;
'passenger service licence' means a licence to operate a passenger service issued
under this Ordinance;
'pedestrian controlled village vehicle' means a motor vehicle controlled by a
pedestrian. having an overall length not exceeding 3.2 m and an overall
width not exceeding 1.2 m, constructed or adapted primarily for the
carriage of goods on roads in rural areas or areas inaccessible or closed to
other motor vehicles, and not constructed or adapted for the carriage of a
driver or any passenger; (Added31 of 1986s.2)
'personal efrects' means goods which are the property of the driver of a motor
vehicle or any passenger carried therein;
'post secondary education' has the meaning assigned to it by section 3 of the
Education Ordinance (Cap. 279);
'primary education' has the meaning assigned to it by section 3 of the
Education Ordinance (Cap. 279);
'private bus- means a bus used or intended for use-
(a) otherwise than for hire or reward; or
(b) for the carriage of passengers who are exclusively-
(i) the students, teachers and employees of an educational
institution; or
(ii) disabled persons and persons assisting them,
whether or not for hire or reward;
14private car' means a motor vehicle constructed or adapted for use solely for
the carriage of a driver and not more than 7 passengers and their personal
efflects but does not include an invalid carriage, motor cycle, motor tricycle
or taxi;
'private light bus' means a light bus used or intended for use-
(a) otherwise than for hire or reward; or
(b) for the carriage of persons who are exclusively---
(i)the students, teachers and employees of an educational
institution; or
(ii) disabled persons and persons assisting them,
whether or not for hire or reward;
'private road' means every thoroughfare, street, lane, alley, court, square, car
park, passage, path, way and place to which access by the public may be
restricted under common law, irrespective of whether such access is so
restricted, but does not include-
(a)any place within the Hong Kong Airport designated by the
Director of Civil Aviation as a car park under the Hong Kong
Airport (Traffic) Regulations (Cap. 292 sub. leg.); or
(b)any part of the carriageway of the North-west Railway
designated by the Commissioner for the purposes of the
definition of 'road' in this section by notice in the Gazette;
(Added 80 of 1988 s. 3)
'public bus' means a bus, other than any private bus, which is used or intended
for use for hire or reward;
'public light bus' means a light bus, other than any private light bus, which is
used or intended for use for hire or reward;
'public service vehicle' means any motor vehicle registered as a public bus,
public light bus or taxi, or as a private car in respect of which a hire car
permit is in force;
'register', when used as a verb, includes 're-register';
'register', when used as a noun, means the register of vehicles maintained
under this Ordinance;
'registered' means registered under this Ordinance;
'registered owner' means the person registered as owner of a vehicle under this
Ordinance;
'registration document' means the book or document which relates to the
registration of a motor vehicle in the register and which is required to be
issued to the registered owner under this Ordinance;
'registration mark' means the registration mark assigned or deemed to be
assigned, or the special registration mark assigned or allocated, to a vehicle
under this Ordinance;
'repealed Ordinance' means the repealed Road Traffic Ordinance (Cap. 220,
1979 Ed.);
'road' includes every highway, thoroughfare, street, lane, alley, court, square,
car park, passage, path, way and place to which the public have access
either continuously or intermittently, whether or not the same is the
property of the Crown, and includes the carriageway of the North-west
Railway, but does not include any private road, any place within the Hong
Kong Airport designated by the Director of Civil Aviation as a car park
under the Hong Kong Airport (Traffic) Regulations (Cap. 292 sub. leg.) or
any part of the carriageway of the North-west Railway designated by the
Commissioner for the purposes of this definition by notice in the Gazette;
(Amended 56 of 1986 s. 26; 46 of 1987 s. 2; 80 of 1988 s. 3)
'road hump' means a hump placed transversely across the carriageway of a
road for the purpose of regulating the speed of vehicles being driven on
thatroad; (Added80of 1988s.3)
'road marking' means a line, word, mark or device placed on, or set into, the
surface of a road for conveying to persons using the road any warning,
information, requirement, restriction, prohibition or direction and includes
a road hump, but does not include a road marking within the meaning of
section121; (Amended80of 1988s.3)
'roadworthy' in relation to any motor vehicle means that the vehicle is suitable
and safe for use for any of the purposes for which it may lawfully be used,
having regard, to the class or any division of the class of motor vehicle
within which-
(a) application has been made to register the vehicle; or
(b) the vehicle is registered, or is required to be registered,
as the case may be;
',school crossing patroP' means any person authorized to act as a school
crossing patrol pursuant to regulations made under section 11;
'secondary education' has the meaning assigned to it by section 3 of the
Education Ordinance (Cap. 279);
'semi-trailer' means any trailer designed, constructed or adapted to be coupled
to a motor vehicle in such a way that part of it rests on the motor vehicle
and that a substantial part of its weight and of the weight of its load is
borne by the motor vehicle;
IGspecial purpose vehicle' means a motor vehicle designed, constructed or
adapted primarily for a use other than the carriage on a road of goods, the
driver or passengers;
G1special reasons' means special reasons relating to the offence, and in
exceptional circumstances special reasons relating to-
(a) the offender; and
(b)to such other circumstance that the court may consider to be
relevant;
'specially authorized vehicle examiner' means a person authorized under
section 88(1)(b) to issue suspension of vehicle licence orders;
'standing or plying for hire' means, in respect of any vehicle, being on any
road, whether in motion or stationary, and exhibiting any sign or signal, or
having a person who is exhibiting any sign or signal or who in any other
way indicates, that the vehicle or any portion of it is available for hire
whether on a predetermined route or otherwise;
',student' means any person who is attending an educational institution for the
purpose of pursuing a course of education;
'taxi' means a motor vehicle which is registered as a taxi under this Ordinance;
'taximeter' means any appliance for measuring the time or distance for which a
taxi is used, or for measuring both time and distance, or for recording the
fare by time or distance or by a combination of time and distance, which is
for the time being approved for the purpose by the Commissioner;
'teacher' means any person employed at an educational institution for the
purpose of instructing students;
'traffic sign' means a sign, object or device for conveying to persons using
a road any warning, information, direction, requirement, restriction or
prohibition, but does not include a sign within the meaning of section 121;
(Amended 80 of 1988 s. 3)
'traffic warden' means a person appointed as traffic warden or a senior traffic
warden under section 58;
'trailer' means a vehicle which is not mechanically propelled and is towed or
intended for towing by a motor vehicle, including any semi~trailer or draw
bar trailer;
'tram' includes all electrically powered vehicles and trailers constructed for use
on a tramway;
'Transport TribunaP' means a Transport Tribunal appointed under section 17;
4'tricycle' means a vehicle with 3 wheels propelled by the use of pedals;
,'vehicle' means any vehicle whether or not mechanically propelled which is
constructed or adapted for use on roads but does not include a vehicle of
the North-west Railway or a tram; (Amended46of 1987s. 2)
'vehicle examination centre' means a place designated as a vehicle examination
centre under section 88(2);
44vehicle examiner' means a person appointed as a vehicle examiner under
section 88(1)(a);
'vehicle licence' means a licence issued in respect of a vehicle in accordance
with regulations made under section 6;
'vehicle of the North-west Railway' means a light rail vehicle including a
vehicle used for maintenance purposes operated along and by means of the
rails ofthe North-west Railway; (Added46of 1987s. 2'village vehicle' means-
(a) a driver operated village vehicle;
(b) a pedestrian controlled village vehicle; or
(e) a golf cart; (Replaced 80 of 1988 s. 3)
'village vehicle permit' means a permit issued in respect of a village vehicle in
accordance with regulations made under section 12A.(Added37of 1986s.2)
3. Application to Crown
(1) Subject to section 4A, Parts V, VII, VIII, XII and XIII (except section
121) shall apply to vehicles and persons in the public service of the Crown and
for the purpose of proceedings for an offence in connection with any such
vehicle against any person other than the driver of the vehicle the person
nominated in that behalf by the department in whose service the vehicle is used
shall be deemed to be the person actually responsible unless it is shown to
the satisfaction of the court or magistrate that only the driver was responsible.
[cf. 1930 c. 43 s. 121(2) U.K.]
(2) Any regulations made in exercise of the powers conferred by sections
6, 8, 9, 10, 11, 12, 12A and 121 may be expressed to apply to vehicles and
persons in the public service of the Crown in the same manner as Parts V, VII,
VIII, XII and XIII are applied by subsection (1) subject to such modifications
and exceptions as may be specified in the regulations.
(Amended 31 of 1986 s. 3; 80 of 1988 s. 4)
4. Application of Ordinance to trams
(1) Sections 36, 37, 38, 39, 40, 41, 56, 57, 60, 61, 63 and 64 shall apply to
trams and to vehicles of the North-west Railway and sections 56, 57, 63 and
64 shall apply to vehicles of the North-west Railway on any part of the
carriageway of the North-west Railway that is not a road in the same way as
those sections apply in relation to vehicles on roads.
(2) Any regulations made in exercise of the powers conferred by sections
7 and 11 may be expressed to apply to trams or to vehicles of the North-west
Railway and may also be expressed to apply in relation to any part of the
carriageway of the North-west Railway specified in the regulations, subject to
such modifications and exceptions as may be specified in the regulations.
(Amended 56 of 1986 s. 26,-46 of 1987 s. 3)
4A. Application of Ordinance to village vehicles
(1) Except to the extent specified in subsections (2), (2A) and (3) or where
it is otherwise expressly provided, this Ordinance shall not apply to village
vehicles. (Amended80of 1988s. 5)
(2) Parts 1, VII, and X1 and sections 12A (together with any regulations
made under that section), 36(1), (3) and (4), 37(1) and (3), 38, 39(1), 49, 53, 60,
61, 62, 63 (other than provisions relating to driving licences and disqualification
except as provided by subsection (M) ), 64, 65, 67, 68, 73, 76, 111 and 112, and
Schedules 2 and 5 shall apply to and in relation to village vehicles. (Amended
80 of 1988 s. 5)
(M) The provisions of this Ordinance relating to driving licences and
disqualification shall apply to and in relation to-
(a)driving licences specified in regulations made under section
12A(I)(da)(ii); and
(b) persons holding such specified driving licences,
as if a golf cart were a vehicle of the class of vehicle which may be driven on
a road by a person by virtue of being the holder of such a specified driving
licence. (Added 80 of 1988 s. 5)
. (3) Any regulations made in exercise of the powers conferred by section
9, 10, 11 or 12 may be expressed to apply to village vehicles subject to such
modifications and exceptions as may be specified in the regulations.
(4) In the application of any provision of this Ordinance to or in relation
to a village vehicle a reference in the provision-
(a)to a registered owner or a person in whose name the vehicle is
registered shall be construed as a reference to the holder of a
village vehicle permit in respect of the vehicle;
(b)to the address of a registered owner shall be construed as a
reference to the last known address of the village vehicle permit
holder.
(Added 31 of 1986 s. 4)
4B. (Repealed 46 of 1987s. 4)
PART 11
REGULATIONS
5. International agreements
(1) For the purpose of enabling effect to be given to any international
agreement for the time being in force in respect of Hong Kong, the Governor in
Council may make regulations for the following purposes-
(a)the issue and authentication of permits, certificates or other
documents relating to vehicles or the drivers of vehicles which
may be required for the purposes of travel outside Hong Kong by
persons resident in Hong Kong; and
(b)the use of vehicles brought temporarily into Hong Kong by
persons resident outside Hong Kong and the use of such vehicles
by persons so resident who are temporarily in Hong Kong.
(2) Any regulation made under this section may provide for-
(a)any matter appearing to the Governor in Council to be incidental
to or connected with the matters regulated by any such
international agreement;
(b)the extension of any privilege conferred by the regulations to
persons resident outside Hong Kong who are temporarily in
Hong Kong but are not entitled thereto by virtue of any
such international agreement, or in respect of vehicles brought
temporarily into Hong Kong by such persons, being persons or
vehicles satisfying such conditions as may be specified in the
regulations; and
(e)the payment in respect of such documents as are mentioned
in subsection (1)(a) of such fees as appear to the Governor in
Council to be appropriate having regard to any service performed
in connection therewith under the regulations.
[cf. 1952 e. 39 s. 1 U.K.]
6. Regulation of registration and licensing of vehicles
The Governor in Council may make regulations to provide for-
(a)the registration of vehicles within any class specified in Schedule 1
and the transfer and cancellation of registration;
(aa) empowering the Commissioner to assign, on registering or
licensing any vehicle, a permitted gross vehicle weight in respect
of that vehicle; (Added 66 of 1985 s. 3)
(ab) validating the assignment of a permitted gross vehicle weight
assigned to a vehicle on or after 25 August 1984 and prior to the
commencement of any regulations made under paragraph (aa);
(Added 66 of 1985 s. 3)
(b)the licensing of vehicles for use on roads and the issue, renewal,
transfer and variation of licences and the circumstances in which
a vehicle may be exempt from licensing;
(c)empowering the Commissioner to license taxis by calling
for tenders on payment of a premium, and for the payment of
deposits and the forfeiture of deposits in specified circumstances;
(d)the issue, use and surrender of fiscal permits, registration
and licensing documents, international certificates, international
circulation permits and other documents, and registration marks,
for Hong Kong vehicles going overseas and.for overseas vehicles
coming to Hong Kong;
(e)the maintenance of a register of motor vehicles and the issue of
extracts therefrom;
(f)the assignment or allocation at the discretion of the
Commissioner, or the allocation and sale by auction, tender, or at
a special fee, not exceeding $1,000, of special registration marks;
(g)controlling, restricting or prohibiting the transfer of registration
marks and special registration marks;
(h) specifying the numbers and letters and numbers which shall be
special registration marks for the purposes of this Ordinance;
(i) empowering the Commissioner to allocate upon sale by auc-
tion or at a special fee not exceeding $1,000, any unassigned
registration mark, not being a special registration mark,
which has been requested by any person and which the
Commissioner considers is suitable for allocation in such a
manner;
(j) the issue, use and cancellation of trade licences and trade plates;
(k) notification to the Commissioner of alterations to vehicles and of
the breaking up, destruction or export of vehicles;
(1) notification to the Commissioner of transfer of ownership of
vehicles and of changes of particulars recorded in the register;
(m) the issue, display on vehicles, surrender and cancellation of-
(i) registration marks;
(ii) vehicle licences, licence certificates and permits;
(iii) certificates of fitness; and
(iv)any other means of identification or information relating to
the vehicle;
(n) keeping a register of journeys made by motor vehicles in use
under a trade licence;
(o) making the registration and licensing of public service vehicles, or
of any type of public service vehicle, subject to tender or a special
fee;
(p) the Commissioner to impose conditions on vehicle licences with
regard to-
(i) the places where, and the times when, a vehicle may be used;
(ii) the number of passengers that may be carried and the
manner in which they may be carried;
(iii) the manner in which a vehicle may be used;
(iv) the amount or type of goods that may be carried and the
manner in which such goods may be carried;
(v) the type of trailer that may be towed;
(vi) the type of driving licence which must be held for driving a
vehicle;
(q) the issue of permits with or without conditions to allow for-
(i) the movement of unregistered and unlicensed vehicles;
(ii) the carriage of passengers or goods otherwise than as
permitted by the vehicle licence;
(iii)the movement of vehicles on roads closed to general traffic;
and
(iv) the use of vehicles for advertising,
and the cancellation of such permits;
(r)the issue of duplicates of any document issued under this
Ordinance;
(s)the fees that may be charged for registration, licensing, permits,
certificates of fitness and extracts from the register and the
waiving, exemption, reduction or refund of fees; and
(t)generally carrying into effect the provisions of this Ordinance
relating to the registration and licensing of vehicles.
7. Regulation of public service vehicles
(1) The Governor in Council may make regulations to provide for-
(a)controlling the use of public service vehicles, their equipment and
apparatus;
(b) the powers of authorized persons to regulate and control-
(i) the driving and use of public service vehicles; and
(ii)the conduct of persons using such vehicles including drivers,
conductors, passengers and intending passengers;
(c)the arrest and detention of persons who commit, or are suspected
of having committed, offences under the regulations;
(d)controlling or prohibiting the carriage of goods and dangerous
items in public service vehicles;
(e)controlling or prohibiting the carriage of animals and birds in
public service vehicles;
the wearing of uniforms and insignia by drivers and other
persons employed by owners or operators of public service
vehicles;
(g)controlling the conduct of persons using or intending to use
public service vehicles and persons employed by the owners or
operators of public service vehicles;
(h)the designation and use of places where public service vehicles
may stand or stop to pick up or set down passengers and the
traffic signs and road markings pertaining thereto;
(i)the fares which may be charged on any public service vehicle
other than buses operated under a franchise granted under the
Public Bus Services Ordinance (Cap. 230) and the fees which may
be charged for the hire of a public service vehicle;
(j)the display of destination boards, notices and advertisements on
public service vehicles;
(k)the control and disposal of property lost on public service
vehicles;
(1)the issue, by ballot or otherwise, amendment and cancellation of
passenger service licences in respect of public buses, private buses
and public light buses, and the review by a Transport Tribunal of
any decision of the Commissioner to amend any such licence;
(Amended 36 of 1988 s. 2)
(m)the issue, refusal to issue and cancellation by the Commissioner
of permits authorizing the use of private cars for the carriage of
passengers for hire or reward, the limitation by him of the
number of such permits that may be issued for any particular
type of hire car service, and the review by a Transport Tribunal
of any decision of the Commissioner to refuse to issue or to
cancel any such permit; and
(n)generally carrying into effect the provisions of this Ordinance
relating to public service vehicles.
(IA) Regulations made under this section may empower the
Commissioner to specify by notice published in the Gazette requirements as
to-
(a) the design, construction, size, colour and form of,
(b)without afFecting the generality of paragraph (a), the size and
colour of any letters or characters in; and
(c) the position in which to display,
any destination indicator, notice, sign or insignia required for the purposes of
such regulations. (Added 54 of 1989 s. 2)
(2) Where any regulation is made providing for the issue of hire car
permits, the Commissioner may in his discretion-
(a)in issuing any such permit, give priority to any person or class of
persons;
(b)determine, in accordance with any such regulation, by lot any
applications for the issue of such permits;
(c)limit the number of such permits which may be issued to any
person or class of persons.
8.(!) Regulation of driving licences
The Governor in Council may make regulations to provide for-
(a)the issue, renewal, variation, cancellation or withholding of, and
imposing of conditions on, driving licences, international driving
permits and driving instructors' licences;
(b)the maintenance of a register of driving licences, permits and
penalties incurred by the holders of driving licences;
(c)the instruction and testing of persons applying for or holding
driving licences and driving instructors' licences;
(d)the amendment by the Governor by order published in the
Gazette of any provision made under this section specifying
countries as countries the holders of whose driving certificates or
licences are exempt from the requirement to take a driving test;
(e)the control of holders of international driving permits and
overseas domestic driving licences and permits;
(f)the fees to be charged in respect of any licence or permit granted
to any person to drive a vehicle of a particular class or to instruct
other persons to drive vehicle; and
(g) the waiving, exemption, reduction or refund of fees.
9. Regulation of construction and
maintenance of vehicles
(1) The Governor in Council may make regulations generally as to
the construction and maintenance of vehicles, and their equipment, and in
particular, but without prejudice to the generality of the foregoing, may make
regulations with respect to-
(a)the width, height and length of vehicles and the load carried
thereby, the diameter of wheels, and the width, nature and
condition of tyres of vehicles;
(b)the emission by vehicles of smoke, fumes, vapour, sparks and
grit;
(c) noise from vehicles;
(d) the weight of vehicles;
(e)the colour, markings and displaying of signs and advertisements
on vehicles;
(f)the number and nature of brakes to be fitted, and for ensuring
that brakes, silencers and steering mechanism shall be efficient
and kept in proper working order;
(g)the appliances to be fitted for signalling the approach of a
vehicle, or enabling the driver of a vehicle to become aware of the
approach of another vehicle from the rear, or for intimating any
intended change of speed or direction of a vehicle, and the use of
any such appliance, and for securing that they shall be efficient
and kept in proper working order;
(h) lighting equipment and reflectors to be fitted;
(i)the fitting, construction, operation and inspection of taximeters;
(Replaced 66 of 1984 s. 2)
(ia)the design and construction of any vehicle intended for use as a
private bus, a private light bus, a public bus, or a public light bus;
and (Added 66 of 1984 s. 2)
(j)the construction and maintenance of public service vehicles
including, without prejudice to the generality of the foregoing,
the construction and maintenance of doors, entrances and exits,
steps, handrails, floors, gangways, platforms, lighting, seating,
ventilation, drivers' accommodation, luggage racks and shelves
and electrical equipment and instruments.
(2) Without prejudice to the generality of subsection (1) regulations under
this section with respect to lighting equipment and reflectors may require that
lamps be kept lit at such times and in such circumstances as may be specified in
the regulations.
(3) Different regulations may be made under this section as respects
different classes of vehicles or as respects the same class of vehicles in different
circumstances and vehicles or classes of vehicles may be exempted from all or
any of the regulations so made.
[cf. 1972 c. 20 s. 40 U.K.]
10. Regulation of specified safety equipment
(1) The Governor in Council may make regulations permitting or
requiring the provision or use of specified safety equipment by persons driving,
riding in or on, or using, any class of vehicle and controlling the sale, hire or
possession of specified safety equipment.
(2) Regulations made under subsection (1) may provide for the entry by
police officers of premises in which it is reasonably believed that specified safety
equipment not complying with the regulations is held for sale or hire, for the
purpose of searching for and seizing such equipment.
(3) In this section 'specified safety equipmenC means such equipment or
apparatus as is specified in subsection (4).
(4) The following shall be specified safety equipment for the purposes of
this section-
(a) crash helmets;
(b) safety belts and means of securing safety belts;
(c) fire fighting equipment.
(5) The Legislative Council may, by resolution, amend subsection (4).
11. Regulation of traffic
The Governor in Council may make regulations to provide for-
(a)the classification, design, colour, erection, placing, operation,
maintenance, alteration and removal of permanent, temporary
and variable traffic signs and road markings;
(aa) the imposing, whether by the Commissioner or otherwise, of
requirements on owners of private roads in relation to the
erection, placing, operation, maintenance, alteration and removal
of permanent, temporary and variable traffic signs and road
markings on or near such roads; (Added80of 1988s.6)
(ab)the Commissioner to cause any matter the subject of a
requirement referred to in paragraph (aa) imposed on the owner
of a private road to be done, and to recover from the owner as a
civil debt the cost thereof,(Added80 of 1988s.6)
(ac) the Commissioner to specify traffic signs and road markings
which may be erected or placed on or near any private road
without a permit issued under this Ordinance; (Added 80 of
1988s.6)
(b)prohibiting, controlling and restricting vehicular and pedes-
trian movements by or in relation to traffic signs or road
markings;
(c)prohibiting, controlling, restricting, directing or advising traffic
both vehicular and pedestrian and passengers conveyed upon
vehicular traffic;
(d)controlling and regulating the manner of driving and the
use of vehicles and the equipment and apparatus pertaining
thereto;
(e)controlling and regulating the use of roads and in particular
prohibiting either absolutely or during specified hours-
(i) the driving of any specified type or class of vehicle; and
(ii) the manner in which a motor vehicle of any type or class
may be used on a road;
(f) the towing of or drawing of vehicles by motor vehicles;
(g)controlling the manner of loading vehicles and securing of loads
on vehicles;
(h)the maximum weight to be transmitted to the road by a vehicle of
any class or by any part or parts of such a vehicle in contact with
the road, and the conditions under which the weights may be
tested;
(i)controlling the manner in which passengers may be carried in
vehicles and the number of passengers which may be carried
therein;
(j) the establishment and control of pedestrian crossings of any type;
(k) school crossing patrols, their powers and duties;
(1)exempting the Crown and any public officer from any liability for
damage or injury caused to a school crossing patrol or to any
person or to any thing arising from the actions of a school
crossing patrol;
(m)the imposing of standards for the use and operation of offence
detection equipment;
(n)the discipline, duties, promotion, control and administration of
traffic wardens;
(o)the imposing of minimum speed limits on any road for any
vehicles or for any class of vehicle; and
(p)generally carrying into effect the provisions of this Ordinance
relating to the regulation of traffic.
12. Regulation of parking of vehicles
The Governor in Council may make regulations to provide for-
(a)the prohibition and restriction of parking and loading and
unloading of vehicles and the designation of zones within which
parking or loading and unloading are restricted;
(b)the designation by the Commissioner of parking places and
places set aside for the loading and unloading of vehicles and the
traffic signs and road markings pertaining thereto;
(c)the erection of traffic signs and the use of road markings for the
control of parking;
(d)the designation by the Commissioner of car parks for the use of
vehicles of any description or of any particular type or class;
(e)the management of car parks and the delegation of power to
manage car parks and control their use;
controlling the use of car parks and parking places;
(g) the fees payable for the use of car parks and parking places;
(h)controlling or prohibiting the repair of vehicles in public places,
and the liability of vehicle owners and persons carrying out such
repairs;
(i)the erection and operation of parking meters and other apparatus
designed to indicate payment for the use of parking space and the
time that a vehicle may be parked;
(j)controlling or prohibiting the possession of articles used or
intended for use in interfering with parking meters, and
controlling or prohibiting conduct that obstructs the use of
parking meters; and
(k)generally carrying into effect the provisions of this Ordinance
relating to the regulation of parking.
12A. Regulation of village vehicles
(1) The Governor in Council may make regulations in respect of village
vehicles to provide for-
(a)the issue by the Commissioner of permits for the driving and use
of village vehicles on roads; the specification by him of conditions
on such permits, including, without limiting the generality
thereof, conditions which restrict the use of the vehicles to
specified roads and specified times; the limitation by him of the
number of such permits that may be issued, either generally or in
a particular area, and in respect of any type of village vehicle; the
validity of such permits and the cancellation thereof, and the
admission in evidence in any proceedings under this Ordinance of
copies of any such permit;
(b)the construction and maintenance of village vehicles, the
equipment to be carried or installed thereon, the appointment
of vehicle examiners for the purposes of the regulations, the
examination of such vehicles by vehicle examiners and police
officers and the removal and detention of unsafe village vehicles;
(c)the regulation or prohibition of the driving and use of village
vehicles on roads, and of the carriage of persons or goods on such
vehicles; and the conduct of persons driving or using such vehicles;
(d)the production of village vehicle permits and the display of
permit numbers on village vehicles;
(da) in the case of village vehicles which are golf carts-
(i) the specification by the Commissioner of conditions on
village vehicle permits relating to the maximum number of
passengers which may be carried on such vehicles; and
(ii)the prohibition of the driving and use of such vehicles on
such roads as are specified in the regulations except by
persons who are holders of such driving licences as are
specified in the regulations; (Added80of 1988s. 7)
(e)the fees to be charged for any village vehicle permit, duplicate
village vehicle permit, vehicle examination or other matter under
the regulations; and
(f)generally carrying into effect the provisions of this Ordinance
relating to village vehicles.
(2) Where under regulations made under subsection (1) a limit is imposed
on the number of village vehicle permits that may be issued, the Commissioner
may in his discretion-
(a)in issuing any such permit give priority to any person or class of
persons;
(b) determine by lot any applications for the issue of such permits;
(c)limit the number of such permits which may be issued to any
persons or class of persons,
and shall not be obliged to issue such permits up to the limit so imposed.
(3) Fees prescribed under subsection (1) may be fixed-
(a)at levels which provide for the recovery of expenditure incurred
or likely to be incurred by the Government in relation generally
to the administration of this Ordinance and need not be limited
by reference to the amount of administrative or other costs
incurred or likely to be incurred in the provision of any particular
village vehicle permit, vehicle examination or other matter; and
(b)at different levels in relation to different classes, types or des-
criptions of village vehicle, village vehicle permit, examination or
other matter.
(Added 31 of 1986s. 5)
13. Provision for the Commissioner and others to act
and charge fees, and for absolute liability
Any regulation made under section 6, 7, 8, 9, 10, 11, 12 or 12A may-
(Amended 31 of 1986s. 6)
(a)empower the Commissioner, the Commissioner of Police or the
Director of Highways to do any of the things or exercise any of
the functions specified in such regulation and to charge such fee
as may be prescribed by such regulation for the doing of any such
thing or the exercise of any such function; (Amended L.N. 127
of 1986)
(b)give power for any person or class of persons, or any vehicle
or class or description of vehicles, to be exempted from the
application of any regulations made under this Ordinance; and
(c)provide for the absolute liability of owners of public service
vehicles regarding the use of their vehicles and of the owners of
all vehicles regarding the condition and fitness of their vehicles.
14. Onus of proof in certain cases
(1) Any regulation made under this Ordinance may provide that in any
criminal proceedings for a contravention thereof---
(a)it shall be for the person accused of such contravention to prove
certain facts; or
(b)facts shall be presumed, with or without proof of other facts,
until the contrary is proved.
(2) Any regulation made in exercise of the powers conferred by subsec-
tion (1) shall be subject to the approval of the Legislative Council.
14A. Transitional provisions in regulations
Any regulation made under this Ordinance may-
(a)provide for the continuance in force of any regulations
made under the repealed Ordinance with such modifications,
adaptations and transitional provisions as the Governor in
Council sees fit; and
(b)provide for the modification, adaptation and transition of any
reference in any Ordinance to the repealed Ordinance or any
regulations made under the repealed Ordinance.
(Added 66 of 1984 s. 3)
15. Penalties under the regulations
Any regulation made under section 6, 7, 8, 9, 10, 11, 12, 12A or 121 may
provide that a contravention thereof shall be an offence, and may provide
penalties for such offence not exceeding a fine of $15,000 and imprisonment for
9 months.
(Amended 31 of 1986 s. 7; 80 of 1988 s. 8)
PART 111
TRANSPORT TRIBUNALS
16. Transport Tribunals' panel
(1) There shall be a panel from which members of Transport Tribunals,
other than public officers, may be appointed under this Ordinance.
(2) The panel shall consist of such persons, not being public officers,' as
the Chief Secretary may appoint.
(3) The appointment of any person as a member of the panel shall have
effect for not more than 3 years and a member of the panel shall be eligible for
reappointment.
(4) A member of the panel may resign at any time by notice in writing to
the Chief Secretary.
17. Appointment of Transport Tribunals
(1) The Chief Secretary may appoint such Transport Tribunals as may
from time to time be necessary for the purposes of this Ordinance.
(2) A Transport Tribunal shall consist of-
(a)a chairman, who shall be a person other than a public officer,
appointed by the Chief Secretary;
(b) one public officer appointed by the Chief Secretary; and
(c) one member of the panel appointed under section 16.
18. 1Agal adviser to a Transport Tribunal
(1) A Transport Tribunal shall have a legal adviser who shall be any
member of a panel of legal advisers appointed by the Attorney General.
(2) A Transport Tribunal may, in connection with any hearing before it,
consult a legal adviser on any question of law, procedure or any other matter.
19. Powers of Transport Tribunal
(1) The Chairman of a Transport Tribunal may by notice in writing
summon any person to appear before the Tribunal to produce any document or
to give evidence.
(2) A Transport Tribunal may receive such evidence as it thinks fit, and
neither the provisions of the Evidence Ordinance (Cap. 8) nor any other rule
of law relating to the admissibility of evidence shall apply in the proceedings
before the Tribunal.
(3) Any question arising in proceedings before a Transport Tribunal, not
being a question relating to the practice and procedure of the Tribunal, shall, in
the event of a difference between the members, be decided by the majority.
(4) Any person, who being summoned to appear before a Transport
Tribunal, refuses or fails without reasonable excuse to appear or to answer any
question put to him by or with the consent of the Tribunal commits an offence
and is liable to a fine of $2,000 and to imprisonment for 3 months:
Provided that no person shall be bound to incriminate himself and every
witness shall, in respect of any evidence given by him before the Tribunal, be
entitled to the privileges to which he would be entitled if giving evidence before
a court.
(5) Any person who behaves in an insulting Manner or uses any
threatening or insulting expression to or in the presence of a Transport
Tribunal commits an offence and is liable to a fine of $1,000 and to
imprisonment for 3 months.
20. Practice and procedure of Transport Tribunal
(1) Save in so far as provision is made therefor in this Ordinance, the
practice and procedure in and in connection with any hearing before a
Transport Tribunal shall be such as the Chairman of the Tribunal may
determine.
(2) In proceedings before a Transport Tribunal, any person may appear
in person or be represented by counsel, solicitor or agent.
PART IV
REGISTRATION AND LICENSING OF VEIRCUS
21. Classification of vehicles
(1) For the purposes of registration and licensing of vehicles under this
Ordinance, vehicles are classified in accordance with Schedule 1.
(2) The Governor in Council may by order amend Schedule 1.
22. Registration and licensing
(1) Except as otherwise provided by this Ordinance, every vehicle of a
class specified in Schedule 1 which is used on any road shall be licensed.
(2) A vehicle, other than a rickshaw, shall not be licensed under this
Ordinance-
(a) unless it is registered; or
(b) other than in the class within which it is registered.
(3) Subject to sections 23, 24 and 26, the Commissioner shall register a
vehicle in accordance with this Ordinance on application made in the prescribed
manner.
(4) Subject to sections 25 and 26, the Commissioner shall license a
registered vehicle or a rickshaw in accordance with this Ordinance on
application made in the prescribed manner.
23. Power to regulate the number of vehicles registered
(1) Without prejudice to any other enactment, the Governor in Council
by notice in the Gazette may limit the number of vehicles which may at any
time be registered by reference to any one or more of the following-
(a) the total number of vehicles in all classes;
(b)a class or description of vehicle or a description of the conditions
subject to which vehicle licences will be issued;
(c) the date of manufacture of vehicles;
(d) the country of origin of vehicles.
(2) Subject to subsection (3), any limit notified under subsection (1) shall
remain in force for such period not exceeding 12 months as shall be specified in
the notice.
(3) The Legislative Council may from time to time by resolution extend
the period for which a limit remains in force under subsection (2).
(4) Any limit notified under subsection (1) shall not affect the registration
of any vehicle in force when the notice comes into operation.
(5) If the Commissioner-
(a)receives applications for the registration of vehicles within a
category of vehicle which is the subject of a notice under
subsection (1); and
(b)would, but for the limit under subsection (1) on the number
of vehicles that may be registered in that category, grant the
applications,
the Commissioner may cause the applications to be determined by lot.
24. Power to refuse registration
(1) The Commissioner may refuse to register any motor vehicle-
(a)which does not accord with the particulars contained in the
application for the registration thereof,
(b) which has been but is no longer registered in Hong Kong;
(c) which is not roadworthy;
(d)in order to comply with a limit which is in force under section 23;
or
(e) in respect of which-
(i) a notice under section 78 has not been complied with; or
(ii) a fee payable under section 86 has not been paid.
(2) The Commissioner may refuse to register a motor vehicle in the class
specified in the application for its registration if he considers that by reason of
its design or construction or otherwise the vehicle is not suitable for registration
in that class.
(3) The Commissioner may refuse to register any vehicle which is already
registered.
25. Power to refuse or cancel licence and to
impose conditions in respect of taxis
(1) The Commissioner may-
(a) refuse to license; or
(b) cancel the licence of,
a motor vehicle if-
(i) by reason of its design or construction, or any adaptation or the
condition thereof, the vehicle or any equipment thereof does not
comply with this Ordinance;
(ii) a notice under section 78 or an examination order under section
79 or a vehicle repair order under section 85(1) in respect of the
vehicle has not been complied with;
(iii) on examination under Part IX or IXA the vehicle is found to be
not roadworthy; (Amended 65 of 1985 s. 2)
(iv) any of the particulars contained in the application for the licence
do not accord with the particulars contained in the register;
(v) the vehicle does not accord with the particulars contained in the
application for the licence;
(vi)no valid insurance in respect of third party risks as required by
the Motor Vehicles Insurance (Third Party Risks) Ordinance
(Cap. 272) is in force in respect of the vehicle; or
(vii) in the case of a private bus, public light bus or public bus (other
than a bus operated under a franchise granted under the Public
Bus Services Ordinance (Cap. 230)) no passenger service licence
is in force in respect of the vehicle.
(2) The Commissioner may-
(a)refuse to license a motor vehicle as a taxi for any reason not
mentioned in subsection (1) if such reason appears to him to
constitute good ground for refusal;
(b)license a motor vehicle as a taxi subject to such conditions as he
may specify.
(3) Conditions which the Commissioner may specify under subsec-
tion (2)(b) shall include conditions as to-
(a)an area outside which the vehicle shall not be available for hire or
to carry passengers;
(b)the place on any road at which passengers may board or alight
from the vehicle;
(c) parking of the vehicle in particular places at particular time;
(d) standards of cleanliness of the vehicle;
(e) the colour of the vehicle;
(f) markings and signs to be exhibited on the vehicle; and
(g) the form of advertising signs in or on the vehicle.
(4) The Commissioner, on application to license a motor vehicle as a taxi
shall take into account, in addition to any other matter which he considers
relevant to the application-
(a)the type of vehicle in respect of which application for the licence
is made. and
(b) garaging and maintenance facilities available to the applicant.
26. Trailers and rickshaws
(1) The Commissioner may, on any reasonable ground-
(a) refuse to register any trailer;
(b) refuse to license any trailer or rickshaw; or
(c) cancel the licence of any trailer or rickshaw.
(2) Without prejudice to subsection (1), the Commissioner may-
(a) refuse to license; or
(b) cancel the licence of,
any trailer or rickshaw which in his opinion-
(i) does not accord with the particulars contained in the application
for the licence; or
(ii) is not roadworthy,
(3) The Commissioner. may license a trailer or rickshaw subject to such
conditions relating to-
(a) the roads on which it may be used;
(b) the hours when it may be used; and
(c)in the case of a trailer, the type of towing vehicle that may be
used to tow it,
as he thinks fit.
27. Passenger service licence
(1) Subject to the provisions of this section and of sections 28 and 29. the
Commissioner may, on application made in the prescribed manner, issue a
passenger service licence in respect of one or more public buses, private buses or
public light buses for use in accordance with this Ordinance.
(2) Subsection (1) does not apply to a public bus operated under a
franchise granted under the Public Bus Services Ordinance (Cap. 230).
(3) A passenger service licence may authorize the holder to operate-
(a) a public bus service;
(b) a private bus service; or
(c) a public light bus service.
(4) For the purposes of subsection (3)(a) a public bus service means a
service which-
(a) is for the carriage of passengers by public bus; and
(b)is of a type specified in section 4(3) of the Public Bus Services
Ordinance (Cap. 230) or of any other type approved by the
Commissioner; and (Amended 66 of 1984 s. 4)
(c)is not required to be operated under a franchise granted under
the Public Bus Services Ordinance (Cap. 230).
(5) For the purposes of subsection (3)(b) a private bus service means-
(a)a student service, that is to say, a service for the carriage to or
from an educational institution of students thereof and persons
accompanying or in charge of such students or who teach at the
educational institution, in private buses registered in the name of
the educational institution;
(b)an employees' service, that is to say, a service provided by an
employer for the carriage of his employees to or from their place
of work, in private buses registered in the name of the employer;
(c)a disabled persons' service, that is to say, a service provided
exclusively for the carriage of disabled persons and of persons
employed to assist them; (Amended 66 of 1984 s. 4)
(d)any other service, which is not for hire or reward, approved by
the Commissioner. (Added 66 of 1984 s. 4)
(6) For the purposes of subsection (3)(c) a public light bus service means
a service for the carriage by public light bus of passengers at separate fares.
(7) A passenger service licence shall not be transferable.
28. Matters to he taken into account in considering
an application for a passenger service licence
In determining an application for a passenger service licence, the
Commissioner shall take into account. in addition to any other matter which he
considers relevant to the application-
(a)any policy direction from the Governor with respect to the
provision of public transport services;
(b)any limit in force under section 23 on the number of vehicles that
may be registered;
(e) the need for the services to be provided by the applicant;
(d) the level of service already provided or planned by other public
transport operators;
(e) traffic conditions in the areas and on the roads where the services
are to be provided; and
(f) the standard of service to be provided by the applicant.
29. Commissioner's power to refuse an application
for a passenger service licence
(1) The Commissioner may-
(a) refuse to issue a passenger service licence; or
(b) issue a passenger service licence subject to such conditions as he
may specify, which shall include conditions as to-
(i) the number and types of vehicles that the licensee may use;
(ii) the purposes for which the vehicles may be used;
(iii) the areas or routes in or on which the vehicles may be used;
(iv)the places at which the vehicles may stand or stop to pick up
or set down passengers;
(v) the garage facilities that the licensee must maintain;
(vi) where the Commissioner thinks fit, the staff that the licensee
must employ;
(vii) the records that the licensee must keep;
(viii) the fares to be charged; and
(ix)the frequency at which and the period on each day during
which the service shall be operated on routes specified in the
licence.
(2) Without limiting the generality of subsection (1)(a), the Commissioner
may refuse to issue a passenger service licence in respect of any vehicle which is
not, or is not to be, owned by the applicant for the licence.
30. Inquiry where passenger service
licence is contravened
(1) If the Commissioner has reason to believe in respect of any vehicle in
respect of which a passenger service licence is in force that-
(a) the vehicle has been or is being used otherwise than for the
purpose of the service authorized by the licence; or
(b) any condition of the licence or any provision of this Ordinance
has not been or is not being complied with,
he may appoint a public officer to hold an inquiry.
(2) An officer appointed under subsection (1) shall fix a time and place for
the inquiry and shall give 21 clear days' written notice thereof to the licensee.
(3) An inquiry may be postponed if the officer conducting it thinks fit and
where an inquiry is postponed the officer shall cause a notice to be served on the
licensee specifying the date to which the inquiry has been postponed.
(4) At an inquiry the officer conducting the inquiry shall consider-
(a)any evidence received by him, whether tendered on behalf of the
licensee or otherwise, and any representations made by or on
behalf of the licensee or otherwise;
(b) representations in writing by or on behalf of the licensee.
31.Commissioner's power to cancel, suspend
or vary a passenger service licence
If after considering the report of an officer who has conducted an inquiry
under section 30 the Commissioner is satisfied as to the matters set out in
subsection (1)(a) or (b) of that section he may-
(a) suspend or cancel the passenger service licence;
(b)suspend or cancel the passenger service licence in respect of
particular vehicles; or
(i) routes;
(ii) approved purposes;
(iii) the number of vehicles included in the licence,
and shall notify the licensee of his decision.
32. Effective date of a cancellation,
suspension or variation
(1) Subject to subsection (2), a cancellation, suspension or variation
under section 31 shall come into effect 21 days from the date of notification to
the licensee.
(2) If a licensee applies for a review of the Commissioner's decision by a
Transport Tribunal under section 33, a cancellation, suspension or variation
shall not take effect pending the review, and shall take effect-
(a)where the application for the review is deemed to have been
withdrawn under section 34(4); or
(b)where the cancellation, suspension or variation is confirmed or
varied by a Transport Tribunal under section 35(2),
on such date as the Commissioner shall specify in a notice served on the
licensee.
33.Right of review of Commissioner's determination
under section 24, 25, 26, 29 or 31
(1) Subject to subsection (2), where the Commissioner-
(a) refuses to register a vehicle under section 24 or 26;
(b)refuses to license a vehicle or cancels a licence under section 25 or
26;
(c)refuses to issue a passenger service licence under section 29 or
cancels, suspends or varies a passenger service licence under
section 3 1,
the applicant or the holder of the licence may, within 21 days of being notified
of the decision of the Commissioner, apply in writing to the Commissioner for a
review of the Commissioner's decision by a Transport Tribunal.
(2) This section shall not apply where the Commissioner-
(a) refuses to register a motor vehicle under section 24(1)(d) or (e);
(b)refuses to license or cancels a motor vehicle licence under section
25(1)(ii).
34. Practice and procedure on review
(1) On receipt of an application under section 33 the Commissioner shall
fix a time and place for the review and shall give 14 clear days' notice thereof to
the applicant.
(2) The Commissioner shall, so far as practicable, ensure that the date of
the review is not more than 30 days after the date of service of the notice under
subsection (1).
(3) A Transport Tribunal may postpone a review if it thinks fit and where
a review is postponed the Commissioner shall cause a notice to be served on the
applicant specifying the date to which the review has been postponed.
(4) If an applicant or his authorized representative-
(a)does not appear before the Transport Tribunal on the date of the
review notified to him in a notice under subsection (1) or (3); or
(b) makes no written representations,
the application for a review shall be deemed to have been withdrawn.
35. Determination of review
(1) On a review a Transport Tribunal shall consider-
(a)any evidence received by it, whether tendered on behalf of the
applicant or otherwise, which it considers relevant to the review;
(b) any representations made by or on behalf of the applicant,
1 whether orally or in writing;
(c)any representations made by or on behalf of the Commissioner,
whether orally or in writing.
(2) The Transport Tribunal may confirm or reverse a decision of the
Commissioner under section 24, 25 or 26 and may confirm, reverse or vary a
decision of the Commissioner under section 29 or 3 1.
(3) The Commissioner shall notify an applicant of the Transport
Tribunal's decision under subsection (2).
(4) The decision of the Transport Tribunal under subsection (2) shall be
final.
PART V
RAMC OFFENCES
36. Causing death by reckless driving
(1) A person who causes the death of another person by driving a motor
vehicle on a road recklessly commits an offence and is liable-
(a)on conviction on indictment to a fine of $25,000 and to
imprisonment for 5 years; and
(b)on summary conviction to a fine of $12,500 and to imprisonment
for 2 years.
(2) A person convicted of an offence under this section shall be
disqualified for a period of not less than 2 years in the case of a second or
subsequent conviction or of a conviction subsequent to a conviction under
section 11(3) of the repealed Ordinance unless the court or magistrate for
special reasons orders that he be disqualified for a shorter period or that he not
be disqualified:
Provided that when a period of not less than 5 years has elapsed since his
last previous conviction of an offence under this section or under section 11(3)
of the repealed Ordinance, the court or magistrate may deal with the offence as
a first ofrence.
(3) If on the trial of any person for an offence under subsection (1) the
prosecution proves that he drove recklessly but not that he thereby caused the
death of another person he shall be acquitted of the offence under subsection (1)
and be found guilty of an offence under section 37.
(4) On the trial of any person for an offence under subsection (1) he may
be acquitted of that offence and be found guilty of an offence under section 38.
[cf. 1972 c. 20 s. 1 U.K.]
37. Reckless driving
(1) A person who drives a motor vehicle on a road recklessly commits an
ofrence and is liable-
(a)on conviction on indictment to a fine of $20,000 and to
imprisonment for 3 years; and
(b)on summary conviction to a fine of $10,000 and to imprisonment
for 12 months.
(2) A person convicted of an offence under this section shall be
disqualified for a period of not less than 18 months in the case of a second or
subsequent conviction or of a conviction subsequent to a conviction under
section 11(1) of the repealed Ordinance unless the court or magistrate for
special reasons orders that he be disqualified for a shorter period or that he not
be disqualified:
Provided that when a period of not less than 5 years has elapsed since his
last previous conviction for an offence under this section or under section 11(1)
of the repealed Ordinance, the court or magistrate may deal with the offence as
a first offence.
(3) On the trial of any person for an offence under subsection (1) he may
be acquitted of that offence and be found guilty of an offence under section 38.
[cf. 1972 c. 20 s. 2 U.K.]
38. Careless driving
(1) A person who drives a motor vehicle on a road carelessly commits an
ofrence and is liable to a fine of $4,000 and to imprisonment for 6 months.
(2) A person drives carelessly within the meaning of this section if on a
road he drives a vehicle without due care and attention or without reasonable
consideration for other persons using the road.
39. Driving a motor vehicle under the
influence of drink or drugs
(1) A person who drives or attempts to drive or is in charge of a motor
vehicle on any road while he is under the influence of drink or drugs to such an
extent as to be incapable of having proper control of the motor vehicle commits
an offence and is liable-
(a)on conviction on indictment to a fine of $20,000 and to im-
prisonment for 3 years; and
(b)on summary conviction in the case of a first offence to a fine of
$10,000 and to imprisonment for 6 months and in the case of a
second or subsequent conviction or of a conviction subsequent to
a conviction under section 12 of the repealed Ordinance to a fine
of $15,000 and to imprisonment for 12 months.
(2) A person convicted of an offence under this section shall be
disqualified for a period of not less than 2 years in the case of a second or
subsequent conviction or of a conviction subsequent to a conviction under
section 12 of the repealed Ordinance unless the court or magistrate for special
reasons orders that he be disqualified for a shorter period or that he not be
disqualified:
Provided that when a period of not less than 5 years has elapsed since his
last previous conviction of an offence under this section or under section 12 of
the repealed Ordinance, the court or magistrate may deal with the ofFence as a
first offence.
40. Speed ~t
(1) Subject to subsections (2) and (5), the maximum speed at which a
vehicle may be driven on any road shall be 50 km an hour.
(2) The Commissioner may by notice in the Gazette-
(a)vary the speed limit specified in subsection (1) for any road
specified in the notice, either generally or during the periods
specified in the notice;
(b)declare that any road specified in the notice is liable to be subject
at different times to different speed limits;
(e)in respect of any portion of a road, exempt vehicles of the
North-west Railway from the speed limit prescribed under
subsection (1) and prescribe a different speed limit at which a
vehicle of the North-west Railway may be driven on that portion
of the road and different limits may be prescribed in respect of
different portions of a road. (Added46of 1987s. 5)
(3) Where the speed limit on any road is varied under subsection (2)(a)
the Commissioner shall cause traffic signs to be so erected, replaced, removed or
altered as to ensure that adequate guidance is given to drivers of motor vehicles
as to what speed limit is currently to be observed on that road.
(4) Where a notice is published under subsection (2)(b) declaring any road
to be subject at different times to different speed limits-
(a)the different speed limits which may be brought into effect on the
road shall be specified in the notice; and
(b)any change in the speed limit in accordance with the notice may be
put into effect from time to time by the Commissioner causing
traffic signs to be so erected, replaced, removed or altered as to
ensure that adequate guidance is given to drivers of motor vehicles
as to what speed limit is currently to be observed on that road.
(5) Where a variation in the speed limit is in efFect under this section and
permits a vehicle to travel on any road in excess of 70 km an hour, the
maximum speed at which a medium goods vehicle, heavy goods vehicle or bus
shall travel on such road shall be 70 km an hour.
(6) Where the Commissioner prescribes a different speed limit for vehicles
of the North-west Railway in respect of a portion of road under subsection
(2)(c), the Commissioner may cause traffic signs to be so erected, replaced,
removed or altered as to give adequate guidance or notice to drivers of vehicles
of the North-west Railway of the application of that speed limit to that portion
ofroad.(Added46of 1987s. 5)
41. Driving in excess of speed limit
(1) A person who drives a vehicle on a road at a speed exceeding-
(Amended 80 of 1988 s. 9)
(a)50 km an hour or such other speed limit as may be in force on
that road under section 40; or
(b) 70 km an hour as provided for in section 40(5),
commits an offence and is liable to a fine of $4,000.
(2) (Repealed 43 of 1986 s. 2)
42. Driving without a licence, etc.
(1) Except as otherwise provided by this Ordinance, no person shall drive
a motor vehicle on a road unless he is the holder of a driving licence in respect
of a vehicle of the class of vehicle which he is driving.
(2) Except as otherwise provided by this Ordinance, no person shall drive
a motor vehicle on a road unless he has with him at the time he is driving his
driving licence or a document issued by the Commissioner indicating that that
person has applied for the renewal or a duplicate of his driving licence.
(3) Except as otherwise provided by this Ordinance, no person shall suffer
or permit a motor vehicle to be driven by a person who is not the holder of a
driving licence of the class to which such vehicle belongs:
Provided that in any proceedings under this subsection it shall not be
necessary to allege or to prove that the person charged knew that the driver was
not the holder of a driving licence and it shall be no defence to prove that the
person charged did not know that the driver was not the holder of a driving
licence. (Amended 66 of 1987 s. 2)
(4) Any person who contravenes subsection (1) or (3) commits an offence
and is liable, in the case of a first conviction to a fine of $5,000 and to
imprisonment for 3 months, and in the case of a second or subsequent
conviction or of a conviction subsequent to a conviction under section 5(4) or
(5) of the repealed Ordinance to a fine of $10,000 and to imprisonment for 6
months.
(5) Any person who without lawful authority or reasonable excuse
contravenes subsection (2) commits an offence and is liable, in the case of a first
conviction to a fine of $1,000, and in the case of a second or subsequent
conviction or of a conviction subsequent to a conviction under section 5(4A) of
the repealed Ordinance to a fine of $2,000.
43. Enforcement powers of a police
officer or the Commissioner
(1) A police officer or the Commissioner may require the production for
examination of the driving licence of any person-
(a) who is driving a motor vehicle on a road; or
(b)whom he reasonably suspects to have been the driver of a motor
vehicle involved in an accident on a road; or
(e)whom he reasonably suspects to have committed an offence
under this Ordinance or to have contravened the Fixed Penalty
(Traffic Contraventions) Ordinance (Cap. 237); or
(d)whom he has reasonable cause to believe has knowingly made a
false statement for the purposes of obtaining the grant of the
driving licence.
(2) If any condition of a driving licence requires the holder of that licence
while driving or learning to drive a motor vehicle to be under the supervision of
or to be accompanied by the holder of a driving licence, a police officer or the
Commissioner may in the case of a motor vehicle being driven by the holder
of such a driving licence as is first mentioned also require any accompanying
person to produce his driving licence for examination.
(3) Any person who, upon being required to produce his driving licence
under subsection (1)(a), fails to produce-
(a) his driving licence; or
(b)a document issued by the Commissioner indicating that that
person has applied for the renewal or a duplicate of his driving
licence,
commits an offence and is liable to a fine of $1,000 and to imprisonment for 3
months.
(4) Any person who, upon being required to produce his driving licence
under subsection (1), fails to produce his driving licence or a document issued
by the Commissioner indicating that that person has applied for the renewal or
a duplicate of his driving licence and who further fails to bring either his driving
licence or any such document, in person, within 72 hours of such requirement
being made, to a police officer at such police station or other official address as
is specified at the time commits an offence and is liable to a fine of $2,000 and to
imprisonment for 3 months. (Amended 66 of 1984 s. 5)
(5) This section applies to a domestic driving permit, domestic driving
licence and international driving licence as it applies to a driving licence.
44. Offence of obtaining licence,
or driving, while disqualified
(1) A person disqualified from holding or obtaining a driving licence
who-
(a) obtains a driving licence while he is disqualified; or
(b)while he is disqualified drives on a road a motor vehicle or, if the
disqualification is limited to the driving of a motor vehicle of a
particular class, a motor vehicle of that class,
commits an offence and is liable to a fine of $10,000 and to imprisonment for 12
months.
(2) A person convicted of an offence under this section shall be
disqualified-
(a)for a period of not less than 12 months in the case of a first
conviction; and
(b)for a period of not less than 3 years in the case of a second or
subsequent conviction or in the case of a conviction subsequent
to a conviction under section 25 of the repealed Ordinance.
(3) The period of any disqualification under subsection (2) shall be in
addition to any other period of disqualification ordered under any other
provision of this Ordinance.
(4) The provisions of subsection (1) shall apply notwithstanding that the
person disqualified holds a valid international driving permit, overseas domestic
driving licence, government driving permit or military driving permit.
[cf. 1972 c. 20 s. 99 U.K.]
45. Reckless cycling
(1) A person who rides a bicycle or tricycle on a road recklessly commits
an offence and is liable in the case of a first conviction to a fine of $500 and
in the case of a second or subsequent conviction to a fine of $1,000 and to
imprisonment for 3 months.
(2) On the trial of any person for an offence under subsection (1) he may
be acquitted of that offence and be found guilty of an offence under section 46.
[cf. 1972 c. 20 s. 17 U.K.]
46. Careless cycling
(1) A person who rides a bicycle or tricycle on a road carelessly commits
an ofrence and is liable to a fine of $500.
(2) A person rides carelessly within the meaning of this section if on a
road he rides a bicycle or tricycle without due care and attention or without
reasonable consideration for other persons using the road.
[cf. 1972 c. 20 s. 18 U.K.]
47. Cycling, etc. when under the
influence of drink or drugs
A person who, when riding a bicycle or tricycle, or when driving a
rickshaw, on a road or in a public place, is unfit to ride or drive through drink
or drugs commits an offence and is liable in the case of a first conviction to
a fine of $500, and in the case of a second or subsequent conviction or of
a conviction subsequent to a conviction under section 13 of the repealed
Ordinance to a fine of $1,000 and to imprisonment for 3 months.
[cf. 1972 c. 20 s. 19(1) U.K.]
48. Offences by pedestrians
A pedestrian who in using any road, or a person who by driving a rickshaw
on any road, negligently endangers his own safety or that of any other person
commits an offence and is liable to a fine of $500.
49. Tampering with motor vehicles
If a person otherwise than with lawful authority or reasonable excuse gets
on to a vehicle or tampers with any part of the vehicle, he commits an offence
and is liable to a fine of $5,000 and to imprisonment for 12 months.
[cf. 1972 c. 20 s. 29 U.K.]
50. Interfering with traffic signs or road markings
Any person who without the consent of the Commissioner, Commissioner
of Police or Director of Highways- (Amended L.N. 127 of 1986)
(a)moves, damages or interferes in any way with any traffic sign or
prescribed traffic sign; or
(b)obscures, defaces, alters or obliterates any road marking or
prescribed road marking,
commits an offence and is liable to a fine of $1,000 and to imprisonment for 3
months.
51. Prohibition of unauthorized signs or markings
(1) A person who other than-
(a) in accordance with a permit issued under this Ordinance; or
(b)in order to comply with any enactment or the road users' code or
any code of practice under section 109, (Amended 66 of 1984
s.6)
places, causes or permits to be placed, in, on or near a road or on a building any
traffic sign or road marking commits an offence and is liable to a fine of $1,000
and to imprisonment for 3 months.
(2) The Commissioner may by notice in writing require any person who
has placed or caused to be placed any such-road marking or traffic sign to
remove the same, and, if such person fails to comply with such notice, the
Commissioner may cause the road marking to be obliterated or removed, or the
traffic sign to be removed, as the case may be, and thereupon the road marking
or traffic sign and any part thereof and every attachment thereto shall be
forfeited to the Crown and the Commissioner may recover from such person as
a civil debt the cost of the obliteration or removal of the road marking or of the
traffic sign and also the cost of any reinstatement of the road necessitated by
such obliteration or removal.
PART VI
USE, SALE AND HIRE OF VEHICLES
52. Restriction on the use of vehicles
(1) Subject to this Ordinance, no person shall-
(a)drive or use a vehicle of a class specified in Schedule 1, other than
a rickshaw; or
(b) suffer or permit such a vehicle to be driven or used,
on a road unless the vehicle is registered and licensed in accordance with this
Ordinance.
(2) No person shall-
(a) driveor use a rickshaw; or
(b) suffer or permit a rickshaw to be driven or used,
on a road unless the rickshaw is licensed in accordance with this Ordinance.
(3) No person shall-
(-) drive or use a motor vehicle; or
(b) suffer or permit a motor vehicle to be driven or used,
for the carriage of passengers for hire or reward unless- (Amended L.N. 100
Of 1984)
(i) the vehicle is licensed as a public bus, public light bus or taxi;
(ii)the vehicle is licensed as a private bus or private light bus and the
passengers are students, teachers or employees of an educational
institution, disabled persons, or persons employed to assist
disabled persons; or
(fli) a hire car permit is in force in respect of the vehicle.
(4) No person shall-
(a)drive or use a public light bus, a private bus, or a public bus other
than one operated under a franchise granted under the Public
Bus Services Ordinance (Cap. 230); or
(b) suffer or permit such a vehicle to be driven or used,
for the carriage of passengers unless a passenger service licence is in force in
respect of the vehicle.
(5) No person shall solicit or attempt to solicit any person for hire or
reward to travel in any vehicle which is licensed as-
(a) a private car;
(b) a private light bus;
(c) a private bus;
(d) a light goods vehicle;
(e) a medium goods vehicle; or
(f) a heavy goods vehicle.
(6) No person shall permit or sulTer a motor vehicle which is licensed as a
private car, private light bus or private bus to stand or ply for hire or reward.
(7) Subject to this Ordinance, no person shall-
(a) drive or use a motor vehicle; or
(b) sulTer or permit a motor vehicle to be driven or used,
for the carriage of goods (other than personal effects) for hire or reward
unless-
(i)the vehicle is licensed as a light goods vehicle, a medium goods
vehicle or a heavy goods vehicle; or
(ii) in the case of a vehicle licensed as a public bus, a private bus, a
public light bus or a private light bus, the Commissioner has
issued a permit for such carriage of goods by the vehicle.
(8) No person shall without the permission in writing of the
Commissioner-
(a) drive or use; or
(b) permit or suffer to be driven or used,
a motor vehicle which is licensed as a private car for the carriage of goods the
total weight of which exceeds 200 kg.
(9) No person shall-
(a) drive or use; or
(b) permit or suffer to be driven or used,
a motor vehicle in contravention of any conditions subject to which the vehicle
licence was issued.
(10) Any person who contravenes-
(a)this section, other than subsection (2), commits an offence and is
liable in the case of a first conviction for that offence to a fine
of $5,000 and to imprisonment for 3 months, and in the case of
a second or subsequent conviction for that offence to a fine of
$10,000 and to imprisonment for 6 months;
(b)subsection (2) commits an offence and is liable in the case of
a first conviction for that offence to a fine of $1,000 and to
imprisonment for 3 months, and in the case of a second or
subsequent conviction for that offence to a fine of $2,000 and to
imprisonment for 6 months.
53. Prohibition of sale, hire etc. of vehicles
not complying with regulations
(1) Subject to subsection (3), no person shall-
(a) sell, supply or hire;
(b) offer to sell, supply or hire; or
(c)cause or permit to be sold, supplied or hired, or offered for sale,
supply or hire,
a motor vehicle or trailer for delivery in such a condition-
(i)that the use thereof on a road would contravene any provision of
this Ordinance with respect to the construction or weight of the
vehicle or its equipment, or with respect to the maintenance of
the vehicle or its equipment;
(ii) that danger is or is likely to be caused by it to any person; or
(iii)as respects lighting equipment or reflectors or the maintenance
thereof, that it is not capable of being used on a road during the
hours of darkness without contravening any provision of this
Ordinance as to obligatory lamps or reflectors.
(2) Subject to subsection (3), no person shall alter or cause or permit to be
altered a motor vehicle or trailer so as to render its condition such that the use
thereof on a road would contravene any provision of this Ordinance as to the
construction, weight, equipment, brakes, steering gear or tyres thereof.
(3) Any person who contravenes subsection (1) or (2) commits an offence
and is liable to a fine of $20,000:
Provided that it shall be a defence in proceedings for an offence under this
section for the defendant to prove that he had reasonable cause to believe that
the vehicle would not be used on a road in Hong Kong or would not be so
used until it had been put into a condition in which it might be used without
contravening any such provisions.
(4) Nothing in this section shall affect the validity of any contract or of
any right arising under a contract.
[cf. 1972 c. 20 s. 60 U.K.]
54. Restriction on hire and riding of cycles
(1) Subject to subsection (3), no person shall-
(a) hire a bicycle or tricycle to a child under 11 years of age; or
(b)permit a child under 11 years of age to ride a bicycle or tricycle
on a road unaccompanied by an adult.
(2) Any person who contravenes subsection (1) commits an offence and is
liable to a fine of $3,000.
(3) This section shall not apply-
(a)in the case of subsection (1)(a), to any person who hires a bicycle
or tricycle to a child under 11 years of age if the hiring takes place
or occurs-
(i) on a road or portion of a road set aside for bicycles or
tricycles and on which children under 11 years of age may,
in accordance with a permission indicated by a prescribed
traffic sign erected or placed there, ride such bicycles or
tricycles unaccompanied by any adult; or
(ii) on any other land (whether a road or not) which
immediately abuts or adjoins a road or portion of a road
referred to in subparagraph (i) and on which the driving of
all motor vehicles is prohibited; or
(b)in the case of subsection (1)(b), to any person who permits a child
under 11 years of age to ride a bicycle or tricycle on a road or
portion of a road set aside for bicycles or tricycles and on which
children under 11 years of age may, in accordance with a
permission indicated by a prescribed traffic sign erected or placed
there, ride such bicycles or tricycles unaccompanied by any adult.
(Replaced 50 of 1989 s. 2)
55. Restriction on motor racing and speed trials
(1) A person who promotes or takes part in-
(a) a race or trial of speed on any road between vehicles;
(b) any race or trial on any road between persons; or
(c)any other form of competition on any road involving vehicles or
pedestrians,
to which the Commissioner of Police has not given his consent in writing, or in
contravention of any conditions imposed on the granting of such consent,
commits an offence and is liable to a fine of $10,000 and to imprisonment for 12
months.
(2) Any driver of a motor vehicle who is convicted of an offence under
subsection (1) shall be disqualified for a period of 12 months unless the
magistrate for special reasons thinks fit to order otherwise.
(3) The Commissioner of Police may if he thinks fit consent to the
promotion or holding of any such event as is described in subsection (1) subject
to such conditions as he in his absolute discretion may impose.
(4) Any person aggrieved by any decision of the Commissioner of Police
under subsection (3) may appeal, by way of petition, to the Governor in
Council against such decision and on any such appeal the Governor in Council
may affirm, amend or reverse such decision.
PART VII
ACCIDENTS
56. Duty to stop in case of accidents
(1) Where, owing to the presence of a vehicle on a road, an accident
occurs whereby-
(a) personal injury is caused to a person other than the driver of that
vehicle; or
(b) damage is caused to-
(i) a vehicle other than that vehicle or a trailer drawn thereby;
(ii) an animal other than an animal in or on that vehicle or a
trailer drawn thereby; or
(iii)any other thing not being in or on that vehicle or a trailer
drawn thereby,
the driver of that vehicle shall stop.
(2) In the case of any such accident, the driver of the vehicle shall, if
required, give to any police officer or to any person having reasonable grounds
for so requiring the following particulars-
(a) his name and address;
(b) the name and address of the owner of the vehicle; and
(e) the registration or identification mark or number of the vehicle.
[cf. 1972 c. 20 s. 25(2) U.K.]
(2A) If, in the case of an accident referred to in subsection (1)(b), the
driver of the vehicle for any reason does not give the particulars mentioned in
subsection (2), he shall report the accident in person at the nearest police station
or to any police officer as soon as reasonably practicable, and in any case not
later than 24 hours after the accident. (Added 66 of 1984 s. 7)
(3) If the accident involves injury to any person including the driver, the
driver shall report the accident in person at the nearest police station or to any
police officer as soon as reasonably practicable, and in any case not later than
24 hours after the accident, unless the driver is incapable of doing so by reason
of injuries sustained by him in the accident. [cf. 1972 c. 20 s. 25(3) U.K.]
(4) In this section 'animal' means any horse, cattle, ass, mule, sheep, pig
or goat. [cf. 1972 c. 20 s. 25(4) U.K.]
(5) A person who contravenes subsection (1) commits an offence and is
liable to a fine of $10,000 and to imprisonment for 12 months.
(6) A person who contravenes subsection (2), (2A) or (3) or who
knowingly makes a false statement in supplying particulars under subsection (2)
commits an ofrence and is liable to a fine of $15,000 and to imprisonment for 6
months.
(Amended 66 of 1984 s. 8)
57. Preservation of evidence of serious accidents
(1) Subject to subsection (2), if owing to the presence of a vehicle on
a road an accident occurs in consequence of which any person is killed or
seriously injured or serious damage is caused to any vehicle or thing, any person
who without the authority of a police officer moves or otherwise interferes with
any vehicle involved in the accident or any part of any such vehicle or does any
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.
59. Provisions applicable to traffic wardens
(1) A traffic warden shall be deemed to be always on duty when required
to act as such and shall discharge his functions as such in any and every place in
Hong Kong where he may be doing duty.
(2) An identity card shall be issued to every traffic warden and shall be
evidence of his appointment.
(3) A traffic warden whilst on duty shall wear the uniform of a traffic
warden.
(4) Any person who is not a traffic warden and who-
(a)wears, without the permission of the Commissioner of Police, the
uniform of a traffic warden or any dress having the appearance,
or bearing any of the distinctive marks, of that uniform;
(b)has in his possession, without the permission of the Com-
missioner of Police, an identity card issued to a traffic warden
under subsection (2),
commits an offence and is liable to a fine of $10,000 and to imprisonment for 6
months.
(5) Any person who ceases to be a traffic warden, whether in consequence
of resignation or dismissal or otherwise, shall thereupon deliver up his uniform
and his identity card and any other Government property which may be in his
possession.
(6) Save with the consent of the Commissioner of Police, no traffic
warden shall be a member of a trade union.
60. Power of police to stop vehicles
A person driving a motor vehicle or rickshaw on a road and a person
riding a bicycle or tricycle on a road shall stop the same on being so required by
a police officer in uniform, or traffic warden in uniform, and any person who
fails to do so commits an offence and is liable to a fine of $2,000.
[cf. 1972 c. 20 s. 159 U.K.]
61. Penalty for neglect of traffic directions
Where a police officer in uniform or a traffic warden in uniform is for the
time being engaged in the regulation of traffic on a road, any person driving any
vehicle and any pedestrian who neglects or refuses to obey any direction of
the police officer or traffic warden commits an offence and is liable to a fine of
$2,000.
61A.Drivers of vehicles of the North-west Railway
to obey police directions in emergency
(1) Where there is an emergency on or in the vicinity of the carriageway
of the North-west Railway, a police officer in uniform may give directions to
the driver of any vehicle of the North-west Railway for the purpose of saving or
protecting any life or property in imminent danger or clearing any obstruction
to the North-west Railway and any such driver shall obey the directions.
(2) Any driver of a vehicle of the North-west Railway who fails to obey a
direction of a police officer given under subsection (1) commits an offence and is
liable to a fine of $2,000.
(Added46 of 1987 s. 6)
62. Penalty for obstruction
Without prejudice to any other provisions of this Ordinance, any person
who obstructs any police officer or traffic warden or the Commissioner in the
exercise of any power conferred under this Ordinance commits an offence and is
liable to a fine of $2,000 and to imprisonment for 3 months.
63. Obligation to give certain information
(1) Where the driver of a vehicle is suspected of having committed an
offence under this Ordinance or, where owing to the presence of a vehicle on a
road an accident occurs, any person, including both the registered owner and
the person suspected of being the driver of the vehicle, shall on demand made
within 6 months after the date of the alleged offence or accident give to a police
officer in the manner prescribed in this section the name, address and driving
licence number-
(a)in the case of an alleged offence, of the driver of the vehicle at the
time of the alleged offence;
(b)in the case of an accident, of the driver of the vehicle at the time
of the accident or of the last driver of the vehicle prior to, the
accident,
and his relationship, if any, to any such driver. (Replaced 66 of 1984 s. 8)
(2) A demand under subsection (1) may be made orally or by means of a
notice served personally or by post on the person on whom it is made.
(3) Where a demand under subsection (1) is made orally to any person he
shall-
(a)if he was the driver of the vehicle at the time of the alleged offence
or accident, or was the last driver of the vehicle prior to the
accident---
(i) give immediately his name and address; and
(ii)give the number of his driving licence to a specified police
officer within 21 days after the date of the demand; and
(b)if he was not the driver of the vehicle at the time of alleged
offence or accident, or was not the last driver of the vehicle prior
to the accident, give the information required under subsection
(1) to a specified police officer either orally or in writing within 21
days after the date of the demand. (Amended 66 of 1984 s. 8)
(4) A notice served under subsection (2) shall require the person to whom
it is addressed-
(a)to furnish, within 21 days after the date of the notice, to a police
officer specified therein, a written statement, in such form as may
be specified in the notice, giving the name, address and driving
licence number-
(i) in the case of an alleged offence, of the driver of the vehicle
at the time of the alleged ofrence;
(ii) in the case of an accident, of the driver of the vehicle at the
time of the accident or of the last driver of the vehicle prior
to the accident,
and his relationship, if any, to any such driver; and (Replaced
66 of 1984 s. 8)
(b) to sign the said statement.
(5) In proceedings for an offence under subsection (6)(a), it shall be a
defence for the defendant to show that he did not know, and could not with
reasonable diligence have ascertained, the name or address or driving licence
number of the driver of the vehicle at the time of the alleged offence or accident
or of the last driver of the vehicle prior to the accident, as the case may be.
(Amended 66 of 1984 s. 8)
(6) Subject to subsection (5), any person who-
(a) contravenes subsection (1); or
(b)knowingly makes a false statement in supplying particulars
required under subsection (1),
commits an offence and is liable to a fine of $10,000 and to imprisonment for 6
months.
(7) Where a person is convicted of an offence under subsection (6) and the
offence of which he is convicted is an offence in connection with the giving to
a police officer of the name, address and driving licence number of the driver of
a vehicle at the time of an alleged offence, the court before whom that person
is convicted shall have regard to the facts of the alleged offence in considering-
(Amended 66 of 1984 s. 8)
(a)the amount of any fine, or period of imprisonment, to impose;
and
(b)the period, if any, for which to order such person to be
disqualified,
for the offence under subsection (6).
(8) In this section 'alleged offence' means the suspected offence referred
to in subsection (1).
64. Proof in summary proceedings of identity of driver
If, in any summary proceedings for an offence under this Ordinance, there
is produced to the court a statement which-
(a) purports to have been signed by the defendant;
(b)was furnished in accordance with a notice served on him under
section 63(2); and
(c)states that the defendant was the driver of the vehicle at the time
of the offence,
the court shall admit the statement as prima facie evidence that the defendant
was the driver of the vehicle at the time of the offence.
65. Provision of weigh-bridges and weighing
of motor vehicles etc.
(1) The Commissioner and the Commissioner of Police may maintain and
operate weigh-bridges or other machines for weighing vehicles. [cf. 1972 c. 20
s. 200(1) U.K.]
(2) Subject to the provisions of any other enactment, any police officer in
uniform or the Commissioner may require the person in charge of any motor
vehicle to allow the motor vehicle or any trailer drawn thereby to be weighed,
either laden or unladen, and the weight transmitted to the road by any part of
the motor vehicle or trailer in contact with the road to be tested, and for that
purpose to proceed with the vehicle and such trailer (if any) to a weigh-bridge
or other machine for weighing vehicles.
(3) Where a motor vehicle or trailer is weighed under this section and the
weight is found to be within the limits authorized by law, a certificate of weight
shall be given to the person in charge of the motor vehicle and the certificate so
given shall exempt the motor vehicle and the trailer, if any, from being weighed
so long as it is during the continuance of the same journey carrying the same
load.
(4) Any person in charge of a motor vehicle who fails to comply with any
requirement under subsection (2) commits an offence and is liable in the case of
a first conviction therefor to a fine of $5,000 and to imprisonment for 3 months
and in the case of a second or subsequent conviction to a fine of $10,000 and to
imprisonment for 6 months.
66. Power to test for excessive smoke
(1) A police officer in uniform of the rank of sergeant or above who has
reason to believe that an ofrence relating to the emission of smoke or visible
vapour is being or has been committed in respect of a motor vehicle which is
on a road or in any public place may stop and examine the vehicle, and
may measure or cause to be measured by means of prescribed apparatus the
emission of smoke or visible vapour from the vehicle.
(2) A police officer of the rank of sergeant or above who has reason to
believe that an offence against this Ordinance relating to the emission of smoke
or visible vapour has been committed within the preceding 14 days may by
notice in writing served personally or by post on the owner of the vehicle
require production of the vehicle at such vehicle examination centre or police
station on such date and at such time as may be specified in the notice for the
purpose of-
(a)measurement of the emission of smoke or visible vapour by
means of prescribed apparatus; or
(b)examination of the vehicle to ascertain whether its condition
remains such that its use results in the commission of an offence
against this Ordinance relating to the emission of smoke or
visible vapour.
(3) An owner served with a notice under subsection (2) who fails without
reasonable excuse to produce the vehicle on the date and at the time and place
specified in the notice commits an offence and is liable on conviction to a fine of
$2,000.
67. Power to seize document, vehicle
licence or registration mark
(1) If a police officer has reasonable cause to believe that a document
produced to him pursuant to the provisions of this Ordinance or any
requirement made thereunder is a document in relation to which an offence has
been committed under section 111, he may seize the document; and when a
document is seized under this subsection, the person from whom it is taken
shall, unless the document has been previously returned to him or he has been
previously charged with an offence under section 111, be summoned before a
court or magistrate to account for his possession of the said document and the
court or magistrate shall make such order regarding the disposal of the
document and award such costs as the justice of the case may require. [cf.
1972 c. 20 s. 173(1) U.K.]
(2) If a police officer has reasonable cause to believe that a document,
vehicle licence or registration mark carried on a motor vehicle or by the driver
thereof is a document, vehicle licence or registration mark in relation to which
an offence has been committed under section 111, he may seize the document,
vehicle licence or registration mark and when a document, vehicle licence or
registration mark is seized under this subsection either the driver or the owner
of the vehicle shall, if the document, vehicle licence or registration mark is still
detained and neither of them has previously been charged with an offence
in relation thereto under this Ordinance, be summoned before a court or
magistrate to account for his possession of, or the presence on the vehicle
of, the said document, vehicle licence or registration mark and the court or
magistrate shall make such order respecting the disposal of the said document,
vehicle licence or registration mark and award such costs as the justice of the
case may require. [cf. 1972 c. 20 s. 173 (2) U.K.]
(3) For the purposes of this section the power to seize includes power to
detach from a vehicle. [cf. 1972 c. 20 s. 173(2) U.K.]
68. Notice of intention to prosecute for certain offences
(1) Subject to subsection (2), a person prosecuted for an offence under
section 36, 37, 38 or 41 (which relate respectively to causing death by reckless
driving, reckless driving, careless driving and driving in excess of the speed
limit) shall not be convicted of such offence unless-
(a)he was warned at the time of the commission of the offence or
within 24 hours thereafter that the question of prosecuting him
under some one or other of the provisions aforesaid would be
taken into consideration; or
(b)within 14 days of the commission of the offence, either he was
charged before a magistrate or a summons in respect thereof was
served on him; or
(c)within 14 days, excluding public holidays, of the commission of
the offence, a notice of the intended prosecution specifying the
nature of the alleged offence and the time and place where it is
alleged to have been committed was served on him, or sent.by
registered post to him, or served on or sent by registered post to
the person in whose name the vehicle was registered at the time of
the commission of the offence; or
(d)in the case of an offence under section 41, he was served with
a notice under section 3(3) of the Fixed Penalty (Criminal
Proceedings) Ordinance (Cap. 240) and has failed to comply
therewith.
(2) Subsection (1) shall not apply if it appears to the court or magistrate
that-
(a)the person prosecuted was not prejudiced in his defence by a
failure to comply with that subsection; or
(b)the person prosecuted by his own conduct contributed to the
failure to comply with that subsection.
(3) The requirements of subsection (1) shall in every case be presumed to
have been complied with unless and until the contrary is proved.
69. Disqualification on conviction of certain offences
(1) Without prejudice to any other provision relating to the penalty that
may be, or is required to be, imposed for an offence, a court before which
a person is convicted of any of the following offences may order him to be
disqualified for such period as the court thinks fit-
(a)any offence under this Ordinance in connection with the driving
of a motor vehicle; (Amended 43 of 1986 s. 3)
(b) an offence under section 63(6);
(c) stealing a motor vehicle;
(d)an offence under section 14(1) of the Theft Ordinance (Cap. 210)
in respect of a motor vehicle;
(e)an offence under section 27 of the Theft Ordinance (Cap. 210)
committed with reference to the theft or taking of motor vehicles;
(f)a contravention of any of the following provisions of the Road
Traffic (Public Service Vehicles) Regulations (Cap. 374 sub.
leg.), namely regulation 37(a), (b), (c) and (d) (relating to
the obligations of taxi drivers) and regulation 47 (relating to
prescribed taxi fares); (Replaced 66 of 1984 s. 9)
(g)any offence under any regulation made under section 9 of using
or causing or permitting the use on a road of any motor vehicle
or trailer in contravention of any provision or requirement of any
such regulation as to brakes,.tyres or steering gear, except where
the convicted person proves that he did not know and had no
reasonable cause to suspect that the facts of the case were such
that the offence would have been committed;
(h)any offence during the course of which, or in order to escape
apprehension for which, he uses a motor vehicle.
(2) A disqualification-
(a)imposed in respect of an ofFence specified in subsection (1)(f),
shall be limited to the driving of a taxi; and
(b)imposed in respect of any other offence specified in subsection (1)
shall be a disqualification from holding or obtaining any driving
licence. (Replaced 43 of 1986 s. 3)
(3) When a person is convicted of aiding, abetting, counselling or
procuring or inciting the commission of an offence under Part V or section
52(1), and it is proved that he was present in the vehicle at the time of the
commission of the offence, the offence of which he is convicted shall, for the
purposes of this Ordinance, be deemed to be an offence in connection with the
driving of a motor vehicle.
70. Re-testing of drivers
(1) (Repealed 43 of 1986 s. 4)
(2) Where a person is convicted of an offence involving obligatory or
discretionary disqualification the court may, whether or not it makes any other
order as to disqualification, and whether or not such person has previously
passed the test of competence to drive prescribed under this Ordinance, order
him to be disqualified until he has, after the date of the order, passed that test.
(3) A disqualification by virtue of an order under subsection (2) shall
be deemed to have expired on production to the Commissioner of evidence,
in such form as may be prescribed under this Ordinance, that the person
disqualified has, after the order was made, passed that test.
(4) A person disqualified by virtue of an order under subsection (2) shall,
unless he is disqualified otherwise than by virtue of such an order, be entitled to
obtain and hold a learner's driving licence and to drive a motor vehicle in
accordance with the conditions subject to which the licence is granted.
(Amended 43 of 1986 s. 4)
71. Notification and effect of, and appeal
against, disqualification
(1) Where a court orders that a person shall be disqualified, it shall
forthwith cause notice of the conviction and order to be sent to the
Commissioner and the Commissioner of Police and, if such person at the date
of the conviction or order holds a driving licence, an international driving
permit, a domestic driving permit or a domestic driving licence, shall cause it to
be forwarded to the Commissioner as soon as it is produced to the court in
accordance with the provisions of subsection (2).
(2) Where a court orders that a person shall be disqualified and at the
date of such order the person holds a driving licence, an international driving
permit, a domestic driving permit or a domestic driving licence, it shall also
order him to deposit it with the court within 5 days of the date of the order or
such longer period as the court may determine:
Provided that if such person shall give notice of appeal against the order
such period of 5 days shall commence at the determination of the appeal if the
appeal is dismissed.
(3) Where a person who is disqualified by virtue of a conviction or order
is the holder of a driving licence, an international driving permit, a domestic
driving licence or a domestic driving permit, the licence or permit shall, subject
to section 70(4), be of no effect so long as the disqualification continues in
force.
(4) A person who is disqualified by virtue of the order of a court may
appeal against the disqualification in like manner as if it were an order made
against him for the payment of a penal or other sum and the court which
made the order may order the operation of the disqualification to be suspended
pending the appeal and if that court refuses to order such suspension, the court
to which the appeal lies may do so.
(5) Any person who fails to comply with an order made under subsection
(2) for the deposit of a driving licence, international driving permit, domestic
driving permit or domestic driving licence, commits an offence and is liable to a
fine of $3,000 and to imprisonment for 1 month.
72. Removal of disquallication
(1) A person who by virtue of the order of a court is disqualified other
than under section 70(2) may at any time apply for an order removing the
disqualification, and on any such application the court may, having regard to
the character of the person disqualified and his conduct subsequent to the
order, the nature of the offence and any other circumstances of the case, either
refuse the application or remove the disqualification as from such date, subject
to subsection (2), as may be specified in the order. (Amended 43 of 1986 s. 5)
(2) In the case of an offence for which a minimum period of
disqualification is specified by this Ordinance, the date from which a
disqualification may be removed under subsection (1) shall not be a date earlier
than the date of expiration of such period, disregarding any time after the
conviction or order for disqualification during which the disqualification was
suspended or the applicant was not disqualified.
(3) An application under subsection (1) shall be made-
(a)where the disqualification was imposed by the High Court, to the
High Court;
(b)where the disqualification was imposed by the District Court, to
the High Court or District Court;
(c)where the disqualification was imposed by a magistrate, to the
High Court, the District Court or any magistrate.
(4) When an application under subsection (1) is refused ' no further
application thereunder shall be entertained which is made less than 3 months
after the date of the refusal or, as the case may be, the last refusal.
(5) An application under subsection (1) shall not be heard unless not less
than 14 days' notice in writing setting forth the grounds of the application has
been given to the Commissioner of Police.
(6) A court which orders a disqualification to be removed shall cause
notice of the order to be sent to the Commissioner and to the Commissioner of
Police and may in any case order the applicant to pay the whole or any part of
the costs of the application.
73. Evidence by certificate
(1) In any proceedings for an offence under this Ordinance, a certificate in
the form set out in Form 1 of Schedule 2 purporting to be signed by a police
officer and certifying that a plan or drawing exhibited thereto is a plan or
drawing made by him of the place or object specified in the certificate, and that
the plan or drawing is correctly drawn to a scale so specified, shall be admissible
as evidence of the relative positions of the things shown on the plan or drawing.
(2) In any proceedings for an offence under this Ordinance, a certificate in
the form set out in Form 2 of Schedule 2 purporting to be signed by a police
officer and certifying that a person specified in the certificate stated to the police
officer-
(a)that a particular motor vehicle was being driven or used by, or
belonged to, that person on a particular occasion; or
(b)that a particular motor vehicle on a particular occasion was used
by, or belonged to, a firm in which that person also stated that he
was at the time of the statement a partner; or
(e)that a particular motor vehicle on a particular occasion was used
by, or belonged to, a corporation of which that person also stated
that he was at the time of the statement a director, officer or
employee,
shall be admissible as evidence for the purpose of determining by whom the
vehicle was being driven or used, or to whom it belonged, as the case may be,
on that occasion.
(3) Nothing in subsection (1) or (2) shall be deemed to make a certificate
admissible as evidence in proceedings for an offence except in a case where and
to the like extent to which oral evidence to the like effect would have been
admissible in those proceedings.
(4) Nothing in subsection (1) or (2) shall be deemed to make a certificate
admissible as evidence in proceeding for an offence-
(a)unless a copy thereof has, not less than 7 days before the hearing
or trial, been served on the person charged with the offence; or
(b)if that person, not later than 3 days before the hearing or trial or
within such further time as the court may in special circumstances
allow, serves a notice in the form set out in Form 3 of Schedule 2
on the prosecutor requiring attendance at the trial of the person
who signed the certificate.
(5) A certificate or other document required by subsection (4) to be served
on any person may be served-
(a)by delivering it personally to the person to be served, or by
addressing it to him and leaving it at, or sending it by registered
post to his last or usual place of abode or place of business; or
(b)in the case of a body corporate, by delivering it to the secretary or
clerk of the body at its registered or principal office or by sending
it by registered post addressed to the secretary or clerk of that
body at that office.
74. Certificate as to registered owner of
vehicle or holder of driving licence
(1) A document purporting-
(a)to be signed by or on behalf of the Commissioner or the
Commissioner of Police; and
(b) to certify---
(i)that according to the register of motor vehicles maintained
under this Ordinance a person specified in the certificate was
registered as the owner of a motor vehicle specified therein; or
(ii) that according to the register of driving licences maintained
under this Ordinance a person specified in the certificate was
the holder of a driving licence specified therein,
shall be admitted in any civil or criminal proceedings before any court on its
production without further proof.
(2) On the production of a document under subsection (1), the court
before which it is produced shall, until the contrary is proved, presume-
(a)that it was signed at the time specified therein by a person duly
authorized by the Commissioner or the Commissioner of Police
as the case may be; and
(b) that-
(i) in the case of a certificate under subsection (1)(b)(i), the
person specified in the certificate was at any time specified
therein the registered owner of the motor vehicle specified
therein; or
(ii) in the case of a certificate referred to in subsection (1)(b)(ii),
that the person specified in the certificate was the holder of
the driving licence specified therein,
and the certificate shall be prima facie evidence of all the matters contained
therein.
75. Proof of matters relating to previous convictions
(1) A document purporting-
(a) to be signed by or on behalf of the Commissioner of Police; and
(b)to certify that according to the record of convictions for offences
under this Ordinance compiled and maintained by the Commis-
sioner of Police under this section a person having the name, and
holding the driving licence, specified in the certificate is recorded
as having on the date specified in the certificate been convicted of
the offence under this Ordinance specified in the certificate,
shall be admitted in any criminal proceedings before any court on its
production without further proof.
(2) On the production of a document under subsection (1)-
(a)the court shall, until the contrary is proved, presume that the
document was signed at the time specified therein by or on behalf
of the Commissioner of Police; and
(b)the document shall be evidence that the person having the name
and holding the driving licence specified in the document was on
the date so specified convicted of the offence so specified.
(3) The Commissioner of Police may, for the purposes of this section,
cause to be compiled and maintained from information obtained from such
persons and in such manner as the Commissioner of Police shall determine
records of conviction of persons for offences under this Ordinance.
(4) Any records of convictions of persons for offences under this
Ordinance compiled and maintained by the Commissioner of Police prior to the
commencement of this section shall be deemed to be records compiled and kept
under this section.
(5) The Commissioner of Police shall on payment of the prescribed fee
issue to the holder of a driving licence a record of all convictions of offences
under this Ordinance recorded in respect of that person or, where it appears
from records maintained by the Commissioner of Police that such person has
not been convicted of an offence under this Ordinance, a certificate to that
effect. (Amended66of 1987s. 3)
(6) Neither the Government nor any public officer shall be subject to any
action, liability, claim or demand whatsoever arising out of compliance with, or
any failure to comply in any respect with, subsection (5).
76. Service
(1) Unless otherwise specifically provided by this Ordinance, any notice
required to be served under this Ordinance may be served by sending it by
post-
(a)where it is directed to a registered owner, to his registered
address; or
(b) where it is directed to a driver, to his last known postal address.
(2) A certificate of posting in the prescribed form purporting to be signed
by or for the Commissioner or the Commissioner of Police, as the case may be,
shall be admitted in evidence on its production without further proof and-
(a)until the contrary is proved, it shall be presumed that the
certificate is so signed;
(b)it shall be conclusively presumed that the notice to which the
certificate relates was duly served.
77. Exemptions of fire engines, etc. from
speed limits and traffic fights
(1) The provisions of any enactment imposing a speed limit on motor
vehicles shall not apply to any vehicle on an occasion when it is being used
for fire services, ambulance, customs and excise service or police purposes, if
compliance with those provisions would be likely to hinder the use of the
vehicle on that occasion for any of those purposes.
(2) The provisions of any enactment imposing control by traffic lights or
traffic signs on motor vehicles shall not apply to any motor vehicle on an
occasion when it is being used for police, fire services or ambulance purposes, so
long as the approach of the vehicle to the traffic lights or traffic sign, as the case
may be, is indicated by the sounding of a gong, bell or siren and if compliance
with those provisions would be likely to hinder the use of the vehicle on that
occasion for any of those purposes.
- (3) Nothing in this section shall affect any civil claim for injury or damage
to a person or to property.
PART IX
ExAMINATION OF MOTOR VEFUCLES
78. Examination of motor vehicles in
connection with registration etc.
(1) Before-
(a) registering a motor vehicle;
(b)issuing a duplicate registration document to the registered owner
of a motor vehicle;
(c) returning the registration document to a new registered owner;
(d) licensing a motor vehicle; or
(e)entering in the register any alterations to a motor vehicle notified
under this Ordinance,
the Commissioner may, by notice in writing served either personally or by
registered post on the owner, the registered owner or the new owner of the
motor vehicle, as the case may be, require production of the motor vehicle for
examination at such vehicle examination centre, and at such time on such date,
as may be specified in the notice for the purpose of ascertaining whether the
motor vehicle-
(i) accords, as the case may be, with the particulars contained in the
application for registration or for the vehicle licence or in the
notice of transfer of ownership, or with the particulars contained
in the register, or with the alterations notified under this
Ordinance;
(ii) is roadworthy;
(iii) complies with this Ordinance and any conditions subject to which
a vehicle licence was issued in respect of the vehicle.
(2) A vehicle produced at a vehicle examination centre pursuant to
subsection (1) may be detained for a period not exceeding 24 hours.
(3) The fee for a vehicle examination under this section shall be payable
upon receipt of the notice requiring the vehicle to be produced for examination.
(4) In the event of non-compliance with a notice under subsection (1)
requiring production of a vehicle for examination, no refund shall be payable of
any fee paid in respect of such examination unless-
(a) the Commissione ' r receives at least 14 days notice in writing of
such non-compliance; or
(b) the Commissioner is satisfied that-
(i) circumstances beyond the control of the person who was
required to produce the vehicle prevented him from
producing it; and
(ii) notice was given to the Commissioner of such non-
compliance as soon as practicable.
79. Examination orders for examination
of motor vehicles
The Commissioner or any police officer may serve or cause to be served
personally on the driver, or by registered post on the registered owner, of a
motor vehicle an examination order in a form specified by the Commissioner
requiring production of the motor vehicle for examination at such vehicle
examination centre, and at such time on such date, as shall be specified in the
examination order, for the purpose of ascertaining whether the motor vehicle-
(a) accords with the particulars thereof contained in the register;
(b) is roadworthy;
(c) complies with this Ordinance and any conditions subject to which
a vehicle licence was issued in respect of the vehicle.
80. Examination of motor vehicle on road by police
officer and removal to vehicle examination
centre or police station
(1) A police officer may-
(a) examine; or
(b) cause to be examined by a vehicle examiner,
a motor vehicle which is being used on a road, for the purpose of ascertaining
whether the vehicle complies with this Ordinance and any condition subject to
which the vehicle licence in respect of the vehicle was issued.
(2) Any police officer who, as a result of an examination of a motor
vehicle under subsection (1), has reason to believe that-
(a) the vehicle has been involved in an accident;
(b) the vehicle is not roadworthy; or
(e)the vehicle does not comply with this Ordinance or any condition
subject to which the vehicle licence in respect of the vehicle was
issued,
may-
(i) direct the driver of the vehicle to drive it to such vehicle
examination centre or police station as the police officer may
specify; or
(ii) direct the driver and any other person to leave the vehicle
and himself drive or remove the vehicle or cause it to be
driven or removed to any vehicle examination centre or police
station,
and may cause the vehicle to be detained at a vehicle examination centre or
police station for not more than 72 hours while the motor vehicle is examined
by a vehicle examiner.
(3) A police officer who-
(a) directs a driver to drive a motor vehicle; or
(b)drives or removes a motor vehicle or cause it to be driven or
removed,
to a vehicle examination centre or police station under subsection (2) shall serve
on the driver of the motor vehicle a notice specifying-
(i) his belief that the vehicle has been involved in an accident;
(ii) the respect in which he believes the vehicle is unroadworthy; or
(iii)the respect in which he believes the vehicle does. not comply with
this Ordinance or any condition subject to which the vehicle
licence in respect of the vehicle was issued.
(4) Any person who fails to comply with the directions of a police
officer under subsection (2) commits an offence and is liable to a fine of
$5,000.
(5) Nothing in this section shall be deemed to authorize any person who is
not the holder of a valid driving licence for a vehicle of the appropriate class to
drive any vehicle in the course of any removal or examination.
81. Powers of vehicle examiner on
examination of motor vehicle
In carrying out an examination of a motor vehicle for the purposes of any
of the provisions of this Part a vehicle examiner may carry out or cause to be
carried out such inspection, examination or test of the vehicle, any part of the
vehicle, any accessory affixed to the vehicle or any equipment or part of the
equipment of the vehicle as he thinks fit and may weigh the vehicle or any load
on the vehicle.
82.Vehicle not in accordance with particulars
in register, form of application for
registration or notice of transfer
(1) Where on examination of a motor vehicle under this Part a vehicle
examiner finds that a motor vehicle does not accord with the particulars of the
motor vehicle-
(a) entered in the register; or
(b)contained in an application for registration or notice of transfer
of ownership,
the vehicle examiner shall notify the Commissioner and shall serve notice
personally or by registered post-
(i) on the owner of the motor vehicle; and
(ii)on the person who produced the vehicle for examination if he is
present during the examination; and
(iii) where appropriate, on the new owner.
(2) A notice under subsection (1) shall-
(a) be in a form specified by the Commissioner; and
(b)specify the manner in which the motor vehicle does not accord
with the particulars of the motor vehicle-
(i) entered in the register; or
(ii) contained in the application for registration or notice of
transfer of ownership.
83.Vehicle not roadworthy or not in accordance with
the Ordinance or conditions of vehicle licence
(1) Where on the examination of a motor vehicle under this Part it
appears to the vehicle examiner that-
(a) the motor vehicle is not roadworthy; or
(b)the motor vehicle does not comply with this Ordinance or any
conditions subject to which a motor vehicle licence was issued in
respect of the vehicle,
he shall-
(i) if he considers that the use of the motor vehicle on a road would
be dangerous to other road users, refer the motor vehicle to a
specially authorized vehicle examiner;
(ii) in any other case, make a vehicle repair order.
(2) Where a specially authorized vehicle examiner considers that the use
on a road of a vehicle examined under this Part would be dangerous to other
road users he shall make a suspension of vehicle licence order and cause the
vehicle licence to be removed from the vehicle.
84. Suspension of vehicle licence orders
(1) A suspension of vehicle licence order shall-
(a) be in a form specified by the Commissioner;
(b)require the registered owner of the motor vehicle to cause to be
carried out the repairs or other work specified in the order;
(c)specify the conditions on which the motor vehicle may be driven
on a road and in particular specify the manner in which the
motor vehicle may be moved from and to the vehicle examination
centre; and
(d)be served on the registered owner personally or by registered
post.
(2) A suspension of vehicle licence order shall continue in force in respect
of a motor vehicle until the repairs or other work required thereby have been
carried out satisfactorily.
(3) Where a suspension of vehicle licence order is in force in respect of a
motor vehicle, the registered owner may produce the motor vehicle at such
vehicle examination centre and at such time and on such date as may be
specified by the Commissioner for examination by a vehicle examiner to
ascertain whether the repairs or other work required by the order have been
carried out satisfactorily, and if such repairs or other work are found to have
been so carried out a specially authorized vehicle examiner shall cancel the
suspension of vehicle licence order forthwith and restore the vehicle licence to
the registered owner.
(4) Where a suspension of vehicle licence order is in force in respect of a
motor vehicle, any person who drives that motor vehicle on a road except in
accordance with the suspension of vehicle licence order commits an offence and
is liable to a fine of $10,000 and to imprisonment for 6 months.
85. Repair orders
(1) A vehicle repair order shall-
(a) be in a form specified by the Commissioner;
(b) require the registered owner of the motor vehicle to---
(i) cause to be carried out the repairs or other work specified in
the order; and
(ii) produce the motor vehicle at such vehicle examination
centre, and at such time on such date, as shall be specified in
the order; and
(c)be served on the registered owner personally or by registered
post.
(2) If, on the examination of a motor vehicle produced at a vehicle
examination centre in accordance with a vehicle repair order, the vehicle
examiner is not satisfied that the repairs or other work required by the order
have been carried out satisfactorily, he may make a further vehicle repair order
under section 83.
(3) The registered owner of a motor vehicle in respect of which a vehicle
repair order has been made who fails to produce the motor vehicle for
examination at the vehicle examination centre specified in the order at the time
and on the date specified in the order, or on such further date and at the time as
the Commissioner may allow in any case, commits an offence and is liable to a
fine of $10,000.
(4) In any proceedings for an offence under subsection (3) it shall be a
good defence for the registered owner to prove that at the date specified in the
vehicle repair order for production of the motor vehicle for examination-
(a)the vehicle had been broken up, destroyed or sent permanently
out of Hong Kong; or
(b)the registration document relating to the motor vehicle had
been submitted to the Commissioner for cancellation of the
registration.
86. Fees
(1) A fee as specified in Schedule 3 shall be payable in respect of an
examination under section 78, 84(3) or 85(2).
(2) The Governor in Council may by order published in the Gazette
amend Schedule 3.
(Amended 66 of 1984 s. 10)
87. Forfeiture and disposal
(1) If a motor vehicle-
(a)produced at a vehicle examination centre pursuant to a
requirement under section 78 or 79 or of a vehicle repair order or
pursuant to section 84(3); or
(b) driven to a vehicle examination centre under section 80,
is not claimed within 14 days, the Commissioner shall serve personally or by
registered post on the owner, the registered owner or the new owner, as the case
may be, a notice in writing informing him that unless he-
(i) pays to the Commissioner any fee due under section 86; and
(ii) removes the motor vehicle from the vehicle examination centre
within 7 days of the service of the notice,
the motor vehicle shall be forfeited to the Crown and may be sold or otherwise
disposed of in such manner as the Commissioner thinks fit.
(2) If a notice under subsection (1) is not complied with the motor vehicle
shall thereupon be forfeited to the Crown and may be sold or otherwise
disposed of as the Commissioner thinks fit.
88. Vehicle examiners and vehicle examination centre
(1) The Commissioner-
(a) shall appoint vehicle examiners; and
(b)may authorize in writing any vehicle examiner to issue suspension
of vehicle licence orders,
for the purposes of this Ordinance.
(2) The Commissioner may designate any place to be a vehicle
examination centre for the purposes of this Ordinance.
PART IXA
ExAMINATION OF PRIVATE CARS
CAR TESTING CENTRES
88A. Interpretation
In this Part, unless the context otherwise requires-
'approved car tester' means a person authorized in writing by the
Commissioner under section 88F(1)(d);
14car testing centre' means a place designated as a car testing centre under
section 88C(1);
'certificate of roadworthiness' means a certificate issued by a car testing centre
in the form specified by the Commissioner in respect of a private car
and indicating that the private car, was found to be roadworthy upon
examination at the car testing centre;
'code of practice' means a code of practice issued and from time to time
revised under section 88F(1)(a);
'designation' means a designation of a car testing centre under section 88Q1);
'proprietor', in relation to a car testing centre, means a person having the
conduct or control of it, whether or not he is a natural person and whether
or not he is the owner; and
'responsible person' means a person authorized in writing by the
Commissioner under section 88F(1)(e).
88B. Examination of private cars before licensing
(1) Before licensing OL private carthe Commissioner may, for the purpose
of ascertaining whether the private car is roadworthy, require the registered
owner to have the private casexamined at a car testing centre.
(2) This section applies to any private car that was manufactured not less
than 6 years before the date with effect from which the private car is to be
licensed.
(3) The Governor may by order published in the Gazette amend
subsection (2) by substituting for the period of years specified therein another
periol.
88C. Authorized car testing centres
(1) The Commissioner may, in writing, designate any place as a car
testing centre and may impose such conditions relating to that designation as he
thinks fit.
(2) Where a place is designated as a car testing centre under subsection
(1), such designation-
(a)shall authorize the person specified in the designation as the
proprietor of that place, to operate that place as a car testing
centre in accordance with-
(i)any code of practice for the time being in force issued, and
from time to time revised, by the Commissioner under
section 88F(I)(a);
(ii) Schedule 8; and
(iii)such conditions as may be specified by the Commissioner in
the designation;
(b)shall not be valid except on payment of the fee specified in
paragraph 6(a) of Schedule 8.
(3) Without prejudice to the generality of subsection (2)(a)--
(a)the fees specified in paragraph 6(b) of Schedule 8 shall be payable
by the registered owner of a private caAto the proprietor of a car
testing centre in respect of an examination carried out under this
Part.
(b)the conditions that may be specified in a designation under
subsection (2)(a)(iii) may include conditions relating to-
(i)the supply by the Commissioner to the proprietor specified
in the designation of any document or form to be used for
the purposes of this Part; and
(ii) the fees as specified in paragraph 6(c) of Schedule 8, payable
by that proprietor in respect of such supply and the refund
of such fees.
(4) The Commissioner shall cause notice of the designation of a place as a
car testing centre to be published in the Gazette.
(5) Subject to section 88D, a designation-
(a)shall be valid for a period of 3 years from such date as shall be
specified in the designation;
(b)may, on application made to the Commissioner not less than 6
months before the date of its expiration and on payment of the
fee specified in. paragraph 6(a) of Schedule 8, be renewed in
writing by the Commissioner.
(6) A renewal of a designation under subsection (5) shall-
(a)not be valid except on payment of the fee specified in paragraph
6(a) of Schedule 8; and
(b)be valid for a period of 3 years from such date as the
Commissioner shall specify in the renewal.
88D. Revocation of designation
(1) If in the case of any proprietor of a car testing centre it appears to the
Commissioner that-
(a) there has been a breach of-
(i) the code of practice;
(ii) Schedule 8;
(iii)the conditions specified in the designation under section
88C; or
(b) certificates of roadworthiness have been improperly issued; or
(c)certificates of roadworthiness have been incorrectly dated for
fraudulent purposes; or
(d)the proprietor has ceased to trade, or is being wound up or has
committed an act of bankruptcy,
the Commissioner may serve on the proprietor a notice stating his intention to
revoke the designation and the ground or grounds therefor and requiring the
proprietor to show cause in writing, within 28 days after the service of such
notice, why the designation should not be so revoked.
(2) Where after a notice is served on a proprietor under subsection (1)-
(a)the proprietor does not show cause why the designation should
not be revoked; or
(b)the Commissioner, having considered any representations made
by the proprietor, is of the opinion that the proprietor has not
sho wn good cause why the designation should not be revoked,
the Commissioner may, by notice in writing served on the proprietor, revoke
the designation with effect from such date being not less than 14 days after
service of the notice as he shall specify in the notice.
(3) Any proprietor of a car testing centre aggrieved by a decision of the
Commissioner under subsection (2) to revoke the designation of such car testing
centre may appeal to a Transport Tribunal against such decision within 14 days
of receiving notice of the decision and on any such appeal a Transport Tribunal
may affirm, amend or reverse such decision.
(4) A decision of the Commissioner appealed against under subsection (3)
shall not have effect pending the determination of the appeal by a Transport
Tribunal.
(5) The Commissioner shall cause notice of the revocation of a
designation under subsection (2) to be published in the Gazette as soon as
practicable after the revocation has come into effect.
(6) No compensation shall be payable in respect of the revocation of a
designation under this section.
88E. Termination of designation
(1) Notwithstanding section 88D, a designation in respect of a car testing
centre shall be terminated in the following cases-
(a)where the Commissioner serves written notice on the proprietor
of not less than 6 months, on the expiration of the period of such
notice;
(b)where the proprietor serves written notice on the Commissioner
of not less than 3 months, on the expiration of the period of such
notice.
(2) Where a designation is terminated under this section, the Com-
missioner may make a refund in respect of any fee paid under section 88C of
an amount not exceeding the sum obtained by dividing the amount of the fee
paid by 36 and multiplying the result by the number of months in the unexpired
period of the designation.
(3) The Commissioner shall cause a copy of every notice served under
subsection (1) to be published in the Gazette.
88F. Ancillary powers of Commissioner
(1) For the purposes of this Part the Commissioner may-
(a)issue and from time to time revise a code of practice setting out
the practice and procedure to be followed and specifying the
equipment to be used for the examination of private cars
testing centres;
(b) specify any form or other document;
(c) conduct training courses for the purposes of paragraph (d);
(d)authorize in writing persons to act as approved car testers who
have attended and completed a training course conducted by the
Commissioner for the purpose of training persons to be approved
car testers;
(e)authorize in writing persons to act as responsible persons at car
testing centres in respect of the supervision of examinations of
private cary . arried out under this Part.
(2) A code of practice issued, and from time to time revised, under
subsection (1) may specify the circumstances in which the fees set out in
paragraph 6(b) of Schedule 8 (as being fees payable to the proprietor of a
car testing centre by the registered owner of a private cak in respect of an
examination carried out under this Part) are to be waived, reduced or refunded.
88G. Power to enter and inspect records, equipment, etc.
(1) Any public officer authorized in writing by the Commissioner for the
purposes of this section, may, during the hours when a car testing centre is
open for business, enter any car testing centre and on production of his
authorization-
(a)inspect and take copies of any record, book or document kept or
maintained in respect of the examination of private car
(b) inspect or test any equipment used for the examination of private
(c) and monitor the examination of any private ca
(2) Any person who obstructs an officer in the execution ot his duty
under subsection (1) commits an ofrence and is liable to a fine of $5,000 and
imprisonment for 6 months.
88H. Amendment of Schedule 8
The Governor may by order published in the Gazette amend Schedule 8.
88I. Protection of Crown and public oflicers
No proceedings in tort shall lie against the Crown or any public officer by
reason only of the fact that a place is designated as a car testing centre under
this Part.
(Part IXA added 65 of 1985 s. 3)
PART IXB
DESIGNATED DRIVING SCHOOLS
*88.J. Interpretation
In this Part, unless the context otherwise requires-
'course certificate' means a certificate in a form specified by the Commissioner
indicating that a person has completed a driving instruction course at a
driving school;
'driving school' means a place designated as a driving school under section
88K(1) and in respect of which such designation is in force; and
'proprietor', in relation to a driving school, means a person having the conduct
or control of it, whether or not he is the owner.
In operation on 1 January 1990.
*88K. Authorized driving school
(1) The Commissioner may, in writing, designate any place as a driving
school and may impose such conditions relating to that designation as he thinks
fit.
(2) Where a place is designated as a driving school under subsection (1),
such designation-
(a)shall authorize the person specified in the designation as the
proprietor of that place, to operate that place as a driving school
in accordance with-
(i) Schedule 9; and
(ii) such conditions as may be specified by the Commissioner in
the designation; and
(b)shall not be valid except on payment of the fee specified in
Schedule 9.
(3) Without prejudice to the generality of subsection (2)(a)--
(a)the fees charged by the proprietor of a driving school for a
driving instruction course and the issue of a course certificate or a
duplicate copy of a course certificate in respect of motor cycles
or motor tricycles shall be subject to the approval of the
Commissioner;
(b)the conditions that may be specified in a designation under
subsection (2)(a)(ii) may include conditions relating to the issue
of a course certificate or a duplicate copy of a course certificate in
respect of motor cycles or motor tricycles.
(4) The Commissioner shall cause notice of a designation under sub-
section (1) to be published in the Gazette.
(5) Subject to section 88L, a designation under subsection (1)~-
(a)shall be valid for a maximum period of 5 years from such date as
shall be specified in the designation;
(b)may, on application made to the Commissioner not less than 3
months before the date of its expiration and on payment of
the fee specified in Schedule 9, be renewed in writing by the
Commissioner.
(6) A renewal of a designation under subsection (5) shall-
(a)be valid for a maximum period of 5 years from such date as the
Commissioner shall specify; and
(b)not be valid except on payment of the fee specified in
Schedule 9.
(7) The Commissioner may, if he considers that it would be in the public
interest to do so, exempt any person from the payment of the fee specified in
Schedule 9.
* In operation on 1 January 1990.
*88L. Revocation of designation
(1) If in the case of any proprietor of a driving school it appears to the
Commissioner that-
(a) there has been a breach of-
(i) Schedule 9; or
(ii)the conditions specified in the designation under section
88K; or
(b) any course certificate has been improperly issued; or
(c)the particulars on any course certificate have been incorrectly
stated for fraudulent purposes; or
(d)the proprietor has ceased to trade, or is being wound up or has
committed an act of bankruptcy,
the Commissioner may serve on the proprietor a notice stating his intention to
revoke the designation and the ground or grounds therefor and requiring the
proprietor to show cause in writing, within 28 days after the service of such
notice, why the designation should not be so revoked.
(2) Where after a notice is served on a proprietor of a driving school
under subsection (1)-
(a)the proprietor does not show cause why the designation should
not be revoked; or
(b)the Commissioner, having considered any representations made
by the proprietor, is of the opinion that the proprietor has not
shown good cause why the designation should not be revoked,
the Commissioner may, by notice in writing served on the proprietor, revoke
the designation with effect from such date being not less than 14 days after
service of the notice as he shall specify in the notice.
(3) Any proprietor of a driving school aggrieved by a decision of the
Commissioner under subsection (2) may appeal to a Transport Tribunal against
such decision within 14 days of receiving notice of the decision and on any such
appeal a Transport Tribunal may affirm, amend or reverse such decision.
(4) A decision of the Commissioner appealed against under subsection (3)
shall not have effect pending the determination of the appeal by a Transport
Tribunal.
(5) The Commissioner shall cause notice of the revocation of a
designation under subsection (2) to be published in the Gazette as soon as
practicable after the revocation has come into effect.
(6) No compensation shall be payable in respect of the revocation of a
designation under this section.
(7) Where a designation is revoked under this section, any fee paid under
section 88K(2) or (6) shall not be refunded.
* In operation on 1 January 1990.
(8) Within 28 days after a revocation under this section has come into
effect, the driving school shall make a refund of the fee paid by a person taking
a driving instruction course to that person, and the amount to be refunded
shall be an amount obtained by dividing the fee paid by the total number
of prescribed parts of a course and multiplying the result by the number
of prescribed parts of a course which has not been given.
(9) A revocation under this section shall not affect the validity of course
certificates properly issued.
*88M. Termination of designation
(1) Notwithstanding section 88L, a designation in respect of a driving
school shall, if the proprietor serves written notice of termination on the
Commissioner of not less than 3 months, be terminated on the expiration of the
period of such notice.
(2) Where a designation is terminated under this section, the
Commissioner may make a refund in respect of any fee paid under section 88K
of an amount not exceeding the sum obtained by dividing the amount of the fee
paid by the number of complete months of the designation and multiplying
the result by the number of complete months in the unexpired period of the
designation.
(3) Within 28 days after a designation is terminated under this section, the
driving school shall make a refund of the fee paid by a person taking a driving
instruction course to that person, and the amount to be refunded shall be an
amount obtained by dividing the fee paid by the total number of prescribed
parts of a course and multiplying the result by the number of prescribed parts
of a course which has not been given.
(4) The termination of a designation under this section shall not affect the
validity of course certificates properly issued.
*88N. Ancillary powers of the Commissioner
For the purposes of this Part the Commissioner-
(a)may issue, and may from time to time revise, a code of practice
setting out the requirements, procedure and standards in respect
of the content and duration of driving instruction courses, the
facilities to be provided, the safety measures to be adopted and
the equipment to be used in a driving school and any other
matter he thinks fit; and
(b)may specify any form, including the form of any course certificate
or other document; and
(e)may authorize in writing responsible persons to sign course
certificates.
In operation on 1 January 1990.
*88O. Power to enter and inspect
(1) Any public officer authorized in writing by the Commissioner for the
purposes of this section, may, during the hours when a driving school is open
for business, enter the driving school and on production of his authorization-
(a) observe and monitor the giving of driving instruction courses;
(b)inspect the driving school and ascertain whether there has been a
breach of-
(i) Schedule 9; or
(ii) the conditions specified in the designation under section
88K; and
(e)inspect or test any motor vehicle or equipment used for the giving
of driving instruction courses.
(2) If it is made to appear to a magistrate by information upon oath that
there is reason to believe that there has been a breach of-
(a) Schedule 9; or
(b) the conditions specified in the designation under section 88K,
the magistrate may issue a warrant authorizing any public officer to enter and
search any driving school.
(3) A public officer who entered a driving school in pursuance of a
warrant issued under subsection (2) may inspect and make copies of any record,
book or document kept or maintained in respect of the giving of driving
instruction courses.
*88P. Amendment of Schedule 9
The Governor may by order published in the Gazette amend Schedule 9.
*88Q. Protection of Crown and public officers
No Proceedings in tort shall lie against the Crown or any public officer by
reason only of the fact that a place is designated as a driving school under this
Part.
(Part IXB added 27 of 1989 s. 2)
PART X
SUSPENSION OF LICENCES OF MOTOR VEHICLES
89. Interpretation in this Part
In this Part, unless the context otherwise requires, 'fixed penalty' means,
in relation to an offence specified in Schedule 4, the fixed penalty specified for
* In operation on 1 January 1990.
that offence in the Schedule to the Fixed Penalty (Criminal Proceedings)
Ordinance (Cap. 240).
90. Notice of intention to suspend
on the conviction of a driver
(1) Where a person has been convicted of an offence specified in Schedule
4, or the fixed penalty for such an offence has been paid, the Commissioner
shall, within 14 days after the date of the conviction or payment of the fixd
penalty, cause a notice to be served on the registered owner of the motor vehicle
in respect of which the ofrence was committed.
(2) A notice served under subsection (1) shall-
(a) specify-
(i)the offence of which the person was convicted or for which
the fixed penalty has been paid and the date of conviction or
payment of the fixed penalty;
(ii) the date on which the offence took place;
(iii) the time when and place where the offence occurred;
(iv) the registration mark of the motor vehicle; and
(v) the name of the person who committed the offence;
(b) notify the registered owner that the Commissioner may under
section 93 suspend the vehicle licence for the period specified in
column 3 or 4 of Schedule 4; and
(c) notify the registered owner that he may, within 14 days after the
date of service of the notice-
(i) make representations in writing to the Commissioner
showing cause why the vehicle licence should not be
suspended; or
(ii)apply in writing to the Commissioner for a hearing before a
Transport Tribunal to show cause why the vehicle licence
should not be suspended.
(3) In the event of an appeal against conviction, the notice served under
subsection (1) shall be of no effect, and, if the appeal is abandoned or the
conviction is not quashed on the appeal, a further notice in accordance with this
section shall be served on the registered owner of the motor vehicle within 14
days after the appeal was abandoned or finally determined.
91. Hearing to show cause why vehicle
licence should not be suspended
(1) As soon as practicable after he receives an application from the
registered owner of a motor vehicle for a hearing before a Transport Tribunal,
the Commissioner shall cause a notice to be served on the owner specifying the
place where, time when and date on which he may appear before a Transport
Tribunal to show cause why the vehicle licence should not be suspended.
(2) The Commissioner shall, so far as practicable, ensure that the date of
the hearing before the Transport Tribunal is not less than 10 days nor more
than 30 days after the date of the notice served on the registered owner under
subsection (1).
(3) A Transport Tribunal may postpone a hearing if it thinks fit and
where a hearing is postponed, the Commissioner shall cause a notice to be
served on the registered owner specifying the date to which the hearing has been
postponed.
(4) If the registered owner of a motor vehicle does not appear before the
Transport Tribunal on the date of the hearing notified to him in a notice under
subsection (1) or (3), his application for a hearing shall be deemed to have been
withdrawn.
92. Decision of Tribunal
(1) A Transport Tribunal shall after considering-
(a)any evidence received by it, whether tendered on behalf of
the registered owner of the motor vehicle or otherwise, which
it considers relevant to the hearing;
(b)any representations made by or on behalf of the registered owner
of the motor vehicle, whether orally or in writing;
(c)any representations made by or on behalf of the Commissioner,
whether orally or in writing,
determine whether or not the registered owner has shown cause why the vehicle
licence should not be suspended.
(2) The decision of the Transport Tribunal under subsection (1) shall be
final.
(3) If the Transport Tribunal decides that the registered owner has shown
cause why the vehicle licence should not be suspended the Commissioner shall
notify the registered owner accordingly.
93. Suspension of vehicle licence and delivery of
vehicle into custody of Commissioner
(a)no written representations are made by or on behalf of the
registered owner of a motor vehicle, and no application is made
for a hearing before a Transport Tribunal, within the time
notified in a notice served under section 90(1); or
(b)an application for a hearing before a Transport Tribunal is
deemed to have been withdrawn under section 91(4),
the Commissioner shall suspend the vehicle licence for the appropriate period
specified in column 3 or 4 of Schedule 4.
(2) If a Transport Tribunal decides that the registered owner of a motor
vehicle has not shown cause why the vehicle licence should not he suspended the
Commissioner shall suspend it for the appropriate period specified in column 3
or 4 of Schedule 4.
(3) Where the Commissioner suspends a vehicle licence under subsection
(1) or (2), he shall cause a notice to be served on the registered owner.
(4) A notice under subsection (3) shall-
(a) specify-
(i)the registration mark of the motor vehicle the licence of
which is suspended; and
(ii) the period during which the vehicle licence shall be
suspended and the date of commencement of the suspension;
and
(b)direct the registered owner to deliver the motor vehicle into the
custody of the Commissioner on the day and at the time and
place specified in the notice.
(5) The Commissioner shall keep a record of every suspension of a vehicle
licence under subsection (1) or (2) in such form as he thinks fit.
94. Penalty payable if vehicle not delivered into custody
(1) If without reasonable excuse, a motor vehicle is not delivered into the
custody of the Commissioner in accordance with a notice served under section
93, the registered owner shall be liable to pay to the Government a penalty of
$200 for each day or part thereof while the suspension of the vehicle
licence continues in force and the motor vehicle is not in the custody of
the Commissioner or the Commissioner of Police under section 95.
(2) Any penalty due under subsection (1) may be recovered from the
registered owner by civil proceedings as a debt due to the Crown.
95. Seizure and removal of vehicle
(1) If a motor vehicle has not been delivered into the custody of the
Commissioner at the expiration of 7 days after the date specified in a notice
served under section 93, any police officer may seize the motor vehicle.
(2) Subject to subsection (3), a police officer who has seized a motor
vehicle under subsection (1) shall deliver it forthwith into the custody of the
Commissioner at the place specified in the notice under section 93.
(3) If at the time when a motor vehicle is seized it is not practicable for
a police officer to deliver it directly to the place specified in the notice under
section 93, he may take the motor vehicle to a police station, and thereafter a
police officer shall deliver it to the place so specified as soon as practicable and
in any event not later than 7 days after the seizure.
(4) For the purpose of seizing a motor vehicle under this section, a police
officer may-
(a)order any person who is in or on the motor vehicle to alight from
it;
(b)order any person who appears to him to be in possession of any
keys to the motor vehicle to give them to him or to any other
person; and
(c)enter and search any premises or place if he knows or has reason to
suspect that the motor vehicle is in or on such premises or place.
(5) A police officer may use such force as is reasonably necessary for the
purpose of entering or searching any premises or place under subsection (4)(c)
or of seizing or removing any motor vehicle from such premises or place under
this section.
96. Forfeiture and disposal of vehicle
(1) If a motor vehicle is-
(a)delivered into the custody of the Commissioner in accordance
with a notice served under section 93; or
(b) seized and delivered into his custody under section 95,
the Commissioner shall, within 10 days of its delivery into his custody, serve on
the registered owner a notice in writing in accordance with subsection (2).
(2) A notice under subsection (1) shall-
(a) specify-
(i) the date of delivery into the custody of the Commissioner;
and
(ii) the place at which the motor vehicle is being held; and
(b)notify the registered owner that at the expiry of the period of
suspension the Commissioner will return the motor vehicle to the
registered owner if, not later than 30 days after the expiry of the
period of suspension, the registered owner-
(i) claims the motor vehicle; and
(ii) pays to the Commissioner any penalty payable under section
94 and, if the vehicle was seized by a police officer under
section 95 the removal charge specified in Schedule 5; and
(c) notify the registered owner of the effect of subsection (4).
(3) If the registered owner claims the motor vehicle within 30 days after
the expiry of the period of suspension of the licence, the Commissioner shall,
on payment of any penalty payable under section 94 and, if the vehicle was
seized by a police officer under section 95, of the removal charge specified in
Schedule 5, return the motor vehicle to the registered owner.
(4) If the registered owner does not make a claim for the return within
30 days after the expiry of the period of suspension, the motor vehicle shall
thereupon be forfeited to the Crown and may be sold or otherwise disposed of
in such manner as the Commissioner thinks fit.
97. Record and certificate of alleged ofrences
(1) The Commissioner shall keep a record of the registration mark of
every motor vehicle in connection with which any person is alleged to have
committed an offence specified in Schedule 4.
(2) The Commissioner shall, on application made to him in such manner
as he may determine, issue a certificate stating whether or not at the time of the
issue of the certificate any person is, according to the record maintained under
subsection (1), alleged to have committed an offence specified in Schedule 4 in
connection with the motor vehicle bearing the registration mark specified in the
application.
(3) A certificate issued under subsection (2) shall be valid for 72 hours
from the time of issue.
98. Commissioner of Police to supply
information for the record
For the purposes of section 97 the Commissioner of Police shall notify the
Commissioner of every alleged offence specified in Schedule 4.
99. Removal of registration mark from the record
Where a person who is alleged to have committed an offence specified
in Schedule 4 in connection with a motor vehicle the registration mark of which
has been recorded under section 97-
(a) is not prosecuted for that offence;
(b) is found not guilty of that offence;
(c) has his conviction for that offence quashed on appeal,
the Commissioner shall forthwith remove from the record the registration mark
of the motor vehicle concerned.
100. Application of sections 90 to 96
(1) Sections 90 to 96 shall not apply or shall cease to apply where a motor
vehicle is sold or otherwise disposed of and the new registered owner is, at
the time of delivery of notice of transfer of ownership in accordance with the
regulations, in possession of a valid certificate issued by the Commissioner
under section 97 to the effect that at the time of issue, no person was alleged to
have committed an offence specified in Schedule 4 in respect of that motor
vehicle.
(2) Subject to subsection (1), sections 90 to 96 shall apply not-
withstanding that a transfer of the ownership of a motor vehicle has been
registered by the Commissioner after a person has committed an offence
specified in Schedule 4 in connection with that vehicle.
101. Service of notices
Any notice required under this Part to be served on the registered owner
of a motor vehicle may be served on him in person or by forwarding it by
registered post or recorded mail to him at the address shown in the register of
motor vehicles maintained by the Commissioner under this Ordinance.
102. Amendment of Schedule 4
The Governor in Council may by order published in the Gazette amend
Schedule 4.
PART XI
REMOVAL, DETENTION AND DISPOSAL OF VEHICLES
103. Removal of vehicles
(1) A police officer in uniform of the rank of sergeant or above may take
all reasonable steps to remove or cause to be removed, and where necessary
may provide for the safe custody of, any vehicle which-
(a)contravenes any of the provisions of this Ordinance or of the
Fixed Penalty (Traffic Contraventions) Ordinance (Cap. 237); or
(b)remains at rest on a road in such conditions or in such
circumstances as to be likely to cause danger to other persons
using the road or to interfere with the use of the road.
(2) The power of removal contained in subsection (1) shall be exercised
only when-
(a) the vehicle is unattended and the driver cannot be located; or
(b) the driver is unable to remove the vehicle; or
(c) the driver refuses to remove the vehicle.
(3) Any police officer may remove or cause to be removed and where
necessary may provide for the safe custody of any vehicle-
(a) which has broken down on a road; or
(b) which has been involved in an accident,
if the driver is unable to move the vehicle to a safe place or fails to do so on
being requested to do so by a police officer.
104. Detention of vehicles
Any vehicle removed under section 103 may be detained by the
Commissioner of Police until it is-
(a) returned to the owner under section 105; or
(b) disposed of under section 106.
105. Vehicles returned to owner
(1) A vehicle detained under section 104 shall be returned to the owner on
payment of the removal and storage charges specified in Schedule 5 ' .
(2) The Governor in Council may by order published in the Gazette
amend Schedule 5.
106. Disposal of unclaimed vehicles
(1) If a vehicle detained under section 104 is not claimed within 3 days the
Commissioner of Police shall serve on the registered owner a notice in writing
informing him that unless he-
(a)pays to the Commissioner of Police the removal and storage
charges specified in Schedule 5; and
(b)removes the vehicle from the place of detention within 14 days of
the service of the notice on him,
the vehicle will become the property of the Crown.
(2) If a vehicle is not removed within 14 days of the service of a notice
under subsection (1) it shall become the property of the Crown and may be sold
or otherwise disposed of as the Commissioner of Police thinks fit.
107. Disposal of abandoned vehicles
(1) Where any vehicle has been permitted to remain stationary on any
road in such a position or in such condition or in such circumstances that there
is reasonable cause to believe the vehicle to have been abandoned, any
police officer or public officer authorized in writing in that behalf by the
Commissioner of Police may cause a notice to be given, requiring the person in
whose name the vehicle is registered to remove it or cause it to be removed.
(2) A notice under subsection (1) shall be addressed to 'the person in
whose name the vehicle is registered and shall be given-
(a)by sending it to him by registered post at the address shown on
the register; or
(b) by affixing it to the vehicle.
(3) The notice shall-
(a) require the person in whose name the vehicle is registered to
move or cause it to be moved to a place which is not on any
road-
(i) if the notice is sent by registered post, within 7 days of its
service on him; or
(ii) if the notice is affixed to the vehicle, within 7 days of the date
on which it is so affixed; and
(b) state that-
(i) unless the vehicle is removed within the time so stated, the
vehicle will be seized by the Commissioner of Police and
removed to a place specified in the notice; and
(ii) if the vehicle is not claimed within a period of 14 days from
the date of seizure, it will become the property of the Crown.
(4) If the vehicle is not removed as required by a notice given under
subsection (1) any police officer of the rank of sergeant or above, or public
officer authorized in writing in that behalf by the Commissioner of Police may
seize it and may take all reasonable steps to remove it or cause it to be removed
to the place specified in the notice.
(5) If a vehicle which is seized and removed under subsection (4) is not
claimed within 14 days of its seizure, it shall become the property of the Crown
and may be sold or otherwise disposed of as the Commissioner of Police thinks
fit.
108. Application of Part XI
This Part applies to the load carried by any vehicle to the like extent as it
applies to the vehicle itself.
PART XII
MISCELLANEOUS
109. Road users' code and codes of practice
(1) The Governor may cause to be prepared a code (in this section
referred to as the road users' code) comprising such directions as appear to him
to be proper for the guidance of persons using roads and may from time to time
revise the code by revoking, varying, amending or adding to the directions
therein in such manner as he thinks fit.
(2) The road users' code and any alterations proposed to be made in the
provisions of the code on any revision thereof shall as soon as approved by the
Governor in Council be laid before the Legislative Council and the code or
revised code, as the case may be, shall not be promulgated until the code has, or
the proposed alterations have, been approved by the Legislative Council.
(3) The Director of Highways may by notice in the Gazette, prescribe and
from time to time revise a code of practice for the lighting, signing and guarding
of road works. (Amended 66 of 1984s. 11; L.N. 127 of 1986)
(4) The Commissioner may by notice in the Gazette prescribe and from
time to time revise a code of practice for the loading of vehicles.
(4A) The Commissioner may by notice in the Gazette prescribe and from
time to time revise a code of practice comprising such directions as appear to
him to be proper for the guidance of owners of private roads in relation to any
regulations made under-
(a) section 11 which relate to traffic signs or road markings; or
(b)section 121 which relate to signs or road markings within the
meaning of that section. (Added 80 of 1988 s. 10)
(5) A failure on the part of any person to observe any provisions of the
road users' code and any code prescribed under subsection (3) or (4) shall not
of itself render that person liable to criminal proceedings of any kind but any
such failure may in any proceedings whether civil or criminal and including
proceedings for an ofrence under this Ordinance be relied upon by any party to
the proceedings as tending to establish or negative any liability which is in
question in those proceedings.
(Amended 20 of 1984 s. 2)
110. Variation of traffic signs and road markings
A traffic sign or road marking which is placed on or in a road and is similar
to a prescribed traffic sign or prescribed road marking, as the case may be, shall
be deemed to be a prescribed traffic sign or prescribed road marking and to
have been lawfully so placed unless the contrary is proved, and the fact that a
traffic sign or road marking differs slightly in positioning, size, colour or type
from a prescribed traffic sign or prescribed road marking shall not prevent such
traffic sign or road marking from being a prescribed traffic sign or prescribed
road marking, as the case may be, so long as it is visible and the general
appearance and meaning of the sign or marking is not thereby materially
impaired.
111. Forgery of documents
(1) A person commits an offence who, with intent to deceive-
(a)forges, or alters, or uses, or lends to or allows to be used by any
other person, a document or other thing to which this subsection
applies; or
(b)makes or has in his possession any document or other thing so
closely resembling a document or other thing to which this
subsection applies as to be calculated to deceive,
and is liable to a fine of $10,000 and to imprisonment for 3 years. [cf. 1972
c. 20 s. 169 U.K.]
(2) Subsection (1) applies to the following documents and other things-
(a)any licence, permit, certificate, notice or other document issued
or required to be produced under this Ordinance;
(b) any registration mark;
(c) any identifying mark applied to a vehicle by a manufacturer;
(d)any markings or particulars required to be marked on a vehicle
under this Ordinance;
(e)any domestic driving licence or permit or international driving
permit issued in a country outside Hong Kong;
(f)any document or certificate issued by the manufacturer of a
vehicle or any other authority relating to the construction or
equipment ofthe vehicle. (Amended 66 of 1984s. 12) [cf.1972
c. 20 s. 169 U.K.]
(3) A person who, for the purpose of-
(a)obtaining any driving licence, vehicle licence, permit, certificate
or other document under this Ordinance;
(b)effecting any transfer of ownership of a motor vehicle, to himself
or to any other person;
(c) obtaining any variation of any such document;
(d)preventing the issue or variation of any such document
or preventing the imposition of any addition to or limitation
in relation to any such document; or (Amended 66 of 1984
s.12)
(e)any other application or notification required to be made or
given under thisOrdinance, (Added66of 1984s. 12)
knowingly makes any statement which is false in a material particular commits
an offence and is liable to a fine of $5,000 and to imprisonment for 6 months.
[cf. 1930 c. 43 s. 112 U.K.]
(4) If it appears to the Commissioner that any declaration or statement
made by the person to whom a licence, permit, certificate, notice or other
document was issued under this Ordinance, for the purpose of obtaining the
issue or variation of such document was false in a material particular, the
Commissioner, after giving to such person not less than 7 days' notice in writing
of his intention so to do, may cancel such document, and if such person fails to
deliver such document to the Commissioner within 10 days of receiving such
notice, he commits an offence and is liable to a fine of $2,000.
(5) In any proceedings under this Ordinance, the fact that a driving
licence has been granted to a person shall be evidence that that person for the
purpose of obtaining that driving licence made a declaration that he was not
disqualified for holding or obtaining the driving licence.
to Commissioner, etc.
(1) The Governor may give to the Commissioner and any other public
officer, such directions as he thinks fit with respect to the exercise or
performance of their respective powers, functions and duties under this
Ordinance, either generally or in any particular case.
(2) The Commissioner and the other public officer shall, in the exercise or
performance of their respective powers, functions and duties under this Ordin-
ance, comply with any directions given by the Governor under subsection (1).
113. Transitional provisions
(1) Schedule 6 shall have effect for the purposes of transition to the
provisions of this Ordinance from the provisions of the repealed Ordinance and
shall be in addition to and shall not derogate from section 23 of the
Interpretation and General Clauses Ordinance (Cap. 1).
(2) The Governor may by order amend Schedule 6.
113A. Transitional provision regarding
public and private buses
Notwithstanding anything contained in this Ordinance apart from this
section, a motor vehicle constructed or adapted for the carriage of 15 or 16
passengers and registered as a private bus or public bus before the
commencement of the Road Traffic (Amendment) (No. 3) Ordinance 1988 (89
of 1988) shall be deemed to be a private bus or public bus, as may be
appropriate.,
(Added 89 of 1988 s. 3)
114. Minor and consequential amendments
(1) The enactments listed in the first column of Schedule 7 are amended in
the manner set out in the second column of Schedule 7.
(2) In any law, for any reference to the Public Omnibus Services
Ordinance, there shall be substituted a reference to the Public Bus Services
Ordinance (Cap. 230).
(3) The Governor may by order amend Schedule 7 so as to amend
references in any enactment to subsidiary legislation made under the repealed
Ordinance.
115. (Has had its effect)
PART XIII
PRIVATE ROADS
116. This Part not to apply to certain private roads
(1) The Secretary for Transport may, by notice in the Gazette, specify
private roads to which this Part shall not apply subject to such conditions, if
any, as are specified in the notice.
(2) A notice under subsection (1) may specify the private roads to which it
relates by-
(a) naming such roads;
(b) describing the area within which such roads are situated; or
(c) reference to a plan,
or any combination thereof.
117. Application of Ordinance to private roads
Sections 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 50, 51, 52(1) and
(10)(a), 55, 56, 57, 60, 61, 63, 80, 84(1)(c), 103(1)(b) and (3)(a), 107, 109 and 110
shall apply to private roads as they apply to roads and, for that purpose-
(a)the other provisions of this Ordinance which relate, in any way,
to those sections; and
(b)the provisions of any other Ordinance which relate, in any way,
to those sections or to the provisions referred to in paragraph (a),
shall apply accordingly.
118. Application of regulations to private roads
(1) Subject to any regulations made in pursuance of subsection (2), all
regulations made under this Ordinance (except section 12) shall apply to private
roads as they apply to roads and, for that purpose-
(a)the other provisions of this Ordinance which relate, in any way,
to such regulations which apply to private roads; and
(b)the provisions of any other Ordinance which relate, in any way,
to such regulations which apply to private roads or to the
provisions referred to in paragraph (a),
shall apply accordingly.
(2) Where any power is conferred by this Ordinance (except section 12) to
make regulations, such power shall include the power to-
(a)specify that all or any regulations made in pursuance of that
power shall not apply to private roads; and
(b)modify or qualify the application to private roads of all or any
regulations made in pursuance of that power.
119.Proof of certain offences which apply to
private roads as they apply to roads
Where any provision of this or any other Ordinance creates an offence an
element of which is that the offence occurs on or in relation to a place which is a
road or private road, then, without prejudice to the proof of any other elements
of that offence, it shall be sufficient in any proceedings alleging the commission
of that offence for the prosecution to show that the place where that offence was
committed was either a road or private road, without showing that the place
was one or the other, and a charge alleging the commission of that offence may
be frarned accordingly.
120. Defence
(1) Subject to subsection (2), where any provision of this Ordinance
(except section 36, 37, 38, 39, 56, 57, 61, 63 or 80), or any other Ordinance,
creates an offence an element of which is that the offence occurs on or in
relation to a place which is a private road, and irrespective of whether that
offence may also occur on or in relation to a place which is a road, then,
without-
(a) prejudice to the proof of any other elements of that offence; or
(b)limiting the generality of any other defence, or affecting any other
charge which may be laid, under any provision of this Ordinance
or any other Ordinance,
it shall be a defence in any proceedings alleging the commission of that offence
for the defendant to show that the private road where that offence was
committed was within-
(i)an area wholly or mainly used for the carrying on of construction
work; or
(ii) an area wholly or mainly used for the carrying on of industry.
(2) Where in any proceedings alleging the commission of an offence
referred to in section 119 the prosecution shows that the place where that
ofrence was committed was either a road or private road, without showing that
the place was one or the other, subsection (1) shall not apply in relation to those
proceedings unless the defendant first shows that the place was a private road.
(3) For the purposes of this section-
'construction work' means any one or more of the following activities-
(a) building works;
(b) works associated with the provision of utilities;
(c) road works;
(d) reclamation;
(e) dumping;
(f) quarrying; and
(g) an activity declared under subsection (4) to be construction work;
'industry' means any one or more of the following activities-
(a) the manufacture of articles;
(b) any process by which articles are altered, repaired or broken up;
(c) the generation of power;
(d)the loading, unloading or handling of articles or cargo at any
dock, quay or wharf or in any warehouse;
(e) the storage of goods or cargo;
(f) shipbuilding; and
(g) an activity declared under subsection (4) to be industry.
(4) For the purposes of this section, the Governor may, by notice in the
Gazette, declare an activity to be-
(a) construction work; or
(b) industry.
121. Regulation of parking on private roads
(1) In this section-
'immobilisation device' means any device or appliance designed or adapted to
be fitted to a vehicle for the purpose of preventing it from being driven or
otherwise put in motion;
'road marking',means a line, word, mark or device placed on, or set into, the
surface of a private road for conveying to persons using that road any
warning, information, requirement, restriction, prohibition or direction;
'sign' means a sign, object or device for conveying to persons using a private
road any warning, information, direction, requirement, restriction or
prohibition.
(2) The Governor in Council may make regulations to enable owners of
private roads to-
(a)prohibit and restrict parking of vehicles on such roads by the
erection or placement of signs, or the placing of road markings,
specified in the regulations;
(b)impound or remove vehicles parked in contravention of the
regulations, and to store such vehicles until payment of such
impounding or removal charges and storage charges as are
specified in the regulations;
(c)use immobilisation devices, approved by the Commissioner, for
the purposes of paragraph (b);
(d)deliver into the custody of the Commissioner of Police, in such
circumstances as are specified in the regulations, vehicles detained
under the regulations where any charge referred to in paragraph
(b) incurred in respect of any such vehicle is not paid within such
period as is specified in the regulations;
(e)require a person who has erected or placed on the road a sign or
road marking in contravention of the regulations to remove it;
(f) recover as a civil debt from a person referred to in paragraph (e)
the cost of removing a sign or road marking referred to in that
paragraph;
(g)delegate to any person any powers conferred on them under the
regulations; and
(h)appoint persons to be authorized officers for the purposes of the
regulations and to issue identity cards to such officers,
and may make any other regulations necessary or convenient to be made for the
purposes of any of the matters referred to in paragraphs (a) to (h) inclusive,
including regulations-
(i) providing for vehicles referred to in paragraph (d) delivered into
the custody of the Commissioner of Police to become the
property of the Crown free from the rights of any person and for
empowering the Commissioner of Police to dispose of such
vehicles by sale or otherwise as he thinks fit;
(ii) for the forfeiture of a sign referred to in paragraph (e);
(iii)to make it an offence to obstruct the owner of a private road, or
an authorized officer referred to in paragraph (h), in the exercise
of any powers, or the discharge of any duties, under the reg-
ulations;
(iv) providing for the Commissioner to specify particulars to be
contained in identity cards referred to in paragraph (h); and
(v) specifying private roads to which the regulations shall not apply.
(Part XIII added 80 of 1988 s. 11)
SCHEDULE 1 [ss. 6, 21, 22 & 52]
CLASSES OF VEHICLE
Private car
Taxi
Public light bus
Private light bus
Light goods vehicle
Medium goods vehicle
Public bus
Private bus
Heavy goods vehicle
Special purpose vehicle
Motor cycle
Motor tricycle
Invalid carriage
Trailer
Rickshaw
SCHEDULE 2 [s. 73]
FORM 1
FORm OF CERTIFICATE BY POLICE OFFICER AS TO DRAWING OR PLAN
I, A.B., of ......................hereby certify that
this plan or drawing was made by me and is correctly drawn to a scale of .........................................
to
Dated this ......day of ................19
A.B.
Rank .........................................................
........................................................................................................................
FORM 2
FORM OF CERTIFICATE BY POLICE OFFICER OF STATEMENT
AS TO MOTOR VEHICLE
I, A.B., of ......................hereby certify that
on the .day of . ..19 ..at
................... C.D. of
stated to me that on the ..................day of 19
at ...a.m./p.m. a*
registered number ..................................................................................................................
............
(i) was being driven for used] by him/her, and
(ii) (a) belonged to him/her, or
(b) [was being used by] [and] [or belonged to] the firm of ..................................................
. ...................................of and
that he/she was at the time of the statement a partner in that firm; or
+(c) [was being used by] [and] [or belonged to] the corporation of
of ................. and that at the time of the statement
he/ she was a ........................................
of [employed as by]
the said .......................................................................................................................
Dated this ..day of ............19
A.B.
Rank .........................................................
State description oftnotor vehicle e.g., goods vehicle.
Delete if not applicable.
State principal office or place where the firm conducts its business.
State registered office or, if no registered office, principal office or place where the corporation conducts its business.
State nature of office or employment.
FORM 3
FORM OF NOTICE BY DEFENDANT REQUIRING ATTENDANCE OF WITNESS
To, A.B., of .....................................................................................................................
...........
Whereas I, C.D., of ....................have
been served under section 73(4)(a) of the Road Traffic Ordinance (Cap. 374) with a copy of a plan
or drawing authenticated by a certificate [or a certificate relating to a statement made by ]:
1 hereby give notice under section 73(4)(b) of the Road Traffic Ordinance (Cap. 374) that 1
require the attendance at the hearing or trial of the charge against me of the person who signed the
said certificate.
Dated this ......day of ................19
C.D.
SCH-E 6ULE 3 [s. 86]
REEs FOR MOTOR V EFRCLE EXAMINATIONS
1..........................................Motor cycle with or without sidecar or ot.r tricycle 35
2................Private car ..............* ............................................................... 160
3.............Taxi or trailer (other th....a trailer towe by a private car) 160
4. Goods vehicle or special purpose vehicle not exceeding 5.5 tonnes permitted gross
vehicle weight ......................................................................................... 200
5. Goods vehicle or special purpose vehi~ile exceeding 5.5 tonnes permitted gross
vehicle weight .......................................................................................... 300
6.............Light bus ................................................................................... 200
7.............Single-decked bus ........................................................................... 260
8...................................Double-decked bus ............ 300
(Amended L.N. 94 of 1985)
SCHEDULE 4 [ss. 89,90,93,97,
98,99, 100
& 102]
SCHEDULE 5 [ss. 96, 105 & 106]
STORAGE AND REMOVAL C~GES
Removal charge ...............$110
Storage charge ...............$35 per day after the second
..............................day during which the vehicle is
..............................detained
SCHEDULE 6 [s. 113]
TRANSITIONAL PROVISIONS
1. In so far as any order, application, appointment, determination or decision made or having
effect as if made, certificate, designation, direction or notice issued, given, or delivered or having
effect as if issued, given or delivered, condition imposed or having effect as imposed, or other thing
done or having effect as if done under the repealed Ordinance could have been made, issued, given,
delivered, imposed or done under a corresponding provision of this Ordinance it shall not be
invalidated by the repeal effected by section 115 of this Ordinance, but shall have effect as if made,
issued, given, delivered, imposed or done under that corresponding provision.
2. Where any enactment or document refers, whether specifically or by means of a general
description to the repealed Ordinance or is to be construed as so referring, the reference shall,
except where the context otherwise requires, be construed as, or as including, a reference to the
corresponding provision of this Ordinance.
3. Any record kept under the repealed Ordinance shall be deemed to have been kept under the
corresponding provisions of this Ordinance.
4. Any right or licence granted or deemed to be granted under regulation 4 of the Road Traffic
(Public Omnibus, Public Light Bus and Public Car) Regulations to operate and maintain a service
within the meaning assigned to that term by regulation 2 of those regulations, which is in force at
the commencement of this Ordinance, shall be deemed to be a passenger service licence for a public
bus service or public light bus service, as the case may be, granted under this Ordinance in respect of
that service and shall, notwithstanding the revocation of the Road Traffic (Public Omnibus, Public
Light Bus and Public Car) Regulations by regulations made under this Ordinance, remain in force,
unless earlier cancelled, until the date of expiry thereof.
SCHEDULE 7
MINOR AND CONSEQUENTIAL AMENDMENTS
Enactment Amendment
(All amen&nents incorporated)
SCHEDULE 8 [ss. 88C, 88D),
88F & 88H]
REQUIREMENTS APPLICABLE TO CAR TESTING CENTRES
1. A car testing centre shall be equipped, staffed, operated and maintained, and examinations of
private carsAshall be conducted, in accordance with the code of practice issued and from time to
time revised by the Commissioner under section 88F(I)(a).
2. Examinations of private cars at the car testing centre shall be carried out only by an approved
car tester, and under the general ffipervision of a responsible person.
3. Notice shall be given by the proprietor to the Commissioner forthwith of any change-
(a) of an approved car tester employed at the car testing centre;
(b) of a responsible person employed at the car testing centre; and
(e)in the ownership of the car testing centre, or the financial status of the proprietor, or any
other matter specified by the Commissioner.
4. Subject to any practice laid down in the code of practice, the car testing centre shall examine
any private car produced to it for examination for the purposes of Part IXA of the Ordinance.
5. Notices in a form approved by the Commissioner shall be prominently displayed at the car
testing centre indicating and stating-
(a) that the place is a car testing centre;
(b) the hours that the car testing centre is open for business;
(c)the names of the approved car testers, and of the responsible person at the car testing
centre;
(d) the fees that are charged at the car testing centre;
(e) the addresses of other car testing centres within Hong Kong;
(f) the circumstances under which the issue of a certificate of roadworthiness may be
refused;
(g)the procedure that may be followed upon a refusal to issue a certificate of roadworthiness;
and
(h)a warning against the commission of offences under the Prevention of Bribery Ordinance
(Cap. 201), the Independent Commission Against Corruption Ordinance (Cap. 204) and
the Corrupt and Illegal Practices Ordinance (Cap. 288).
6. Fees
(a) Fee payable for designation or renewal of designation of a $10,000
place as a car testing centre.
(b) Fees a be charged in respect of an examination-
(i) Initial examination; $160
(ii) Re-examination where made within 14 days of initial $50
examination;
(iii) Issue of a duplicate copy of a certificate of $50
roadworth ness.
(c) Fee payable for supply of form of certificate of $16 for each form
roadworthiness of certificate.
(Schedule 8 added 65 of 1985 s. 4)
SCHEDULE 9 [ss. 88K, 88L.
880 & 88P]
REQuIREMENTs APPLICABLE To DESIGNATED DRIVING SCHOOLS
1. Driving instructors giving driving instruction courses shall be holders of valid driving
instructors' licences issued under regulation 22 of the Road Traffic (Driving Licences) Regulations
(Cap. 374 sub. leg.) and a person who is not the holder of such a licence shall not give such a course.
2. Notice shall be given by the proprietor of the driving school to the Commissioner forthwith-
(a)of any change of persons employed at the driving school who are authorized to sign
course certificates under section 88N(b);
(b)of any change in the proprietorship of the driving school, or any other matter specified by
the Commissioner; and
(c)if the proprietor has committed an act of bankruptcy or has entered into liquidation or
has entered into any composition with his creditors or has Mlered. any distress or
execution to be levied upon his goods.
3. The fee payable for designation, or renewal of designation, of a driving school shall be
$21,000.
(Schedule 9 added 27 of 1989 s. 3)