TRAFFIC ACCIDENT VICTIMS (ASSISTANCE FUND) ORDINANCE

TRAFFIC ACCIDENT VICTIMS (ASSISTANCE FUND) ORDINANCE

de

LAWS OF HONG KONG

TRAFFIC ACCIDENT VICTIMS (ASSISTANCE

FUND) ORDINANCE

CHAPTER 229

REVISED EDITION 1989

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 229

TRAFFIC ACCIDENT VICTIMS (ASSISTANCE FUND) ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

1. Short title ...........................2
2. Interpretation and declaration ........2
2A. Application of Ordinance to private roads 3
3. Establishment of assistance fund ......3

4. Objects of the fund ..................4
5. Levy on motor vehicles ...............4

6. Levy on licence holders ..............6

7. Failure to pay levy ..................7

8. Investment ......................................... 7

9. Undertaking to notify Director of claim, etc . 7
10. Recovery of money paid out of the fund 8

11. Accounts, audit and annual report ......... 8
12. Cost of administration ..............9
13. No derogation from common law ....... 9
14. Power to amend Schedule .... .......9

Schedule ................................
........................................................................................... 9





CHAPTER 229

TRAFFIC ACCIDENT VICTIMS (ASSISTANCE FUND)

To provide for the creation of a fund for assisting traffic accident victims, the
charging of levies and for purposes connected therewith.

[1 January 19791

Originally 84 of 1978 79 of 1979, L.N. 2 of 1982, R. Ed. 1982,80 of 1988,12 of 1989

1. Short title

This Ordinance may be cited as the Traffic Accident Victims (Assistance

Fund) Ordinance.

2. Interpretation and declaration

(1) In this Ordinance, unless the context otherwise requires

'Commissioner' means the Commissioner for Transport;

'Director' means the Director of Social Welfare Incorporated;

'fund' means the assistance fund established under section 3;

'light rail vehicle' means a vehicle operated on the North-west Railway; (Added 12
of 1989 s. 2)

-North-west Railway' has the meaning assigned to it by section 2 of the Kowloon-
Canton Railway Corporation Ordinance (Cap. 372); (Added 12 of 1989 s. 2)

-registered owner' means the person in whose name a motor vehicle is registered in
accordance with the Road Traffic Ordinance (Cap. 374); (Amended 79 of 1979
s. 2)

'road' includes

(a)every highway, thoroughfare, street, lane, public bridge, alley, court,
square, archway, passage, path, way and place to which the public
have access, either continuously or intermittently and either of right
or by licence, whether the same be the property of the Crown or
otherwise;

(b)the tramway authorized by section 3(2) of the Tramway Ordinance
(Cap. 107); and

(c)the railway of the North-west Railway; (Replaced 12 of 1989 s.2)

---tradelicence' means a trade licence issued under regulations made under the Road
Traffic Ordinance (Cap. 374);





-traffic accident' means an accident occurring on or after 1 May 1979 which

causes the death of or injury to any person as the direct result of the use or
presence of a vehicle on a road;

-traffic accident victim' means any person who is killed or suffers personal

injuries in a traffic accident;

'tramcar' and 'trailer' mean any tramcar or trailer owned by Hong Kong

Tramways Limited;

'vehicle' and 'motor vehicle' mean any vehicle whether mechanically

propelled or otherwise intended or adapted for use on roads;

,'vehicle licence' means a licence issued in respect of a motor vehicle under the
Road Traffic Ordinance (Cap. 374). (Replaced 79 of 1979 s. 2)
(2) It is declared that with effect from 1 March 1988-

(a)the expression 'dependants' shall be deemed to have included the
dependants of all persons referred to in paragraph (c);

(b)the definition 'road' shall be deemed to have included the railway of
the North-west Railway; and

(c)the definition 'traffic accident victim- shall be deemed to have
included all persons who have suffered death or personal injury in a
traffic accident on the railway of the North-west Railway. (12 of 1989 s.
6 incorporated)

2A. Application of Ordinance to private roads

(1) The provisions of this Ordinance shall apply to private roads as they

apply to roads and, for that purpose, the provisions of any other Ordinance which
relate, in any way, to the provisions of this Ordinance shall apply accordingly.

(2) For the purposes of this section, 'private road' means a private road

within the meaning of the Road Traffic Ordinance (Cap. 374).

(Added 80 of 1988 s. 12)

3. Establishment of assistance fund

(1) There is hereby established a fund for assisting traffic accident victims

and their dependants.

(2) There shall be credited to the fund-

(a) all levies that are paid under sections 5 and 6;

(b) all sums received by the fund under section 10;

(c)such sums as may from time to time be voted by the Legislative
Council for the purpose;

(d)all interest and other income derived from the money and investments
comprising the fund.

(3) The fund shall be administered by the Director.





4. Objects of the fund

There shall be paid from the fund

(a)all moneys payable to traffic accident victims and their dependants in
accordance with the Traffic Accident Victims Assistance Scheme
approved by the Legislative Council together with any amendments
to the Scheme or any replacement of the Scheme which may be
approved by the Legislative Council;

(b) any refund of levies made under section 5(9); and

(c) the cost of any administration fee charged under section 12.

5. Levy on motor vehicles

(1) An annual levy at the rate specified in Part 1 of the Schedule shall be
payable in respect of

(a)every motor vehicle which is licensed or is required to be registered
and licensed in accordance with the Road Traffic Ordinance (Cap.
374); (Amended 79 of 1979 s. 2)

(b) every trade licence;

(c)every motor vehicle owned by the Crown whether in right of Her
Majesty's Government in Hong Kong or in the United Kingdom;

(ca) every light rail vehicle; (Added 12 of 1989 s. 3)

(d) every tramcar;

(e) every trailer drawn by a tramcar.

(2) A levy payable under subsection (1)(c) in respect of motor vehicles in the
possession of Her Majesty's forces shall be so payable in respect only of such
motor vehicles which the Secretary for Security certifies, at the time when the levy is
payable, to be part of the vehicle establishment of any unit of Her Majesty's forces
in Hong Kong.

(3) Subject to subsection (4), in the case of a motor vehicle to which subsection
(1)(a) applies or in the case of a trade licence, the levy shall be payable by the
registered owner of the vehicle or the person to whom the trade licence is issued for
each consecutive period of 12 months during which the vehicle is licensed or the
trade licence is valid, under regulations made under the Road Traffic Ordinance (Cap.
374), such period commencing on the date from which the vehicle licence or trade
licence is granted.

(4) Where a motor vehicle to which subsection (1)(a) applies is licensed for less
than 12 months, the amount of the levy payable by the registered owner shall be
reduced by one-twelfth thereof for each complete month by which that period is less
than 12 months.

(5) The levy shall be paid to the Commissioner and shall accompany the
application made for the vehicle licence or trade licence, as the case may be.





(6) In the case of a motor vehicle to which subsection (1)(a) applies or in
the case of a trade licence, the levy shall be payable where the vehicle licence or
trade licence is issued on or after 1 May 1979; but where a vehicle licence is due
to expire on or after that date and, at any time during the period of 4 months
immediately preceding the date of expiry of the licence, the registered owner of
the motor vehicle to which the vehicle licence relates obtains a new vehicle
licence in accordance with regulation 21(5) of the Road Traffic (Registration
and Licensing of Vehicles) Regulations (Cap. 374 sub. leg.), the registered
owner shall pay the levy that would have been payable had he applied for the
new vehicle licence on or after 1 May 1979. (Amended 12 of 1988 s. 3)
(7) In the case of a motor vehicle to which subsection (1)(c) applies the
levy shall be payable by the Crown in right of Her Majesty's Government in
Hong Kong from general revenue not later than 1 June 1979 and thereafter at
intervals of 12 months calculated from the date of the first payment.
(7A) In the case of a light rail vehicle the levy shall be payable with
effect from 1 March 1988 by the Kowloon-Canton Railway Corporation to
the Commissioner, and shall be paid not later than 2 months after
the commencement of the Traffic Accident Victims (Assistance Fund)
(Amendment) Ordinance 1989 (12 of 1989) and thereafter at intervals of 12
months calculated from 1 March 1989. (Added 12 of 1989 s. 3)
(8) In the case of a tramcar and trailer the levy shall be payable by Hong
Kong Tramways Limited to the Commissioner not later than 1 June 1979 and
thereafter at intervals of 12 months calculated from the date of the first
payment.
(9) Where-
(a)the vehicle licence of a motor vehicle to which subsection (1)(a)
applies is cancelled, revoked or surrendered and a refund of the
fee for such licence is made;
(b) a trade licence is cancelled; or
(c)a light rail vehicle, tramcar or trailer is broken up, destroyed,
rendered permanently immobile or sent permanently out of Hong
Kong,
the Commissioner shall, on application in writing made to him by the registered
owner of the vehicle, the person to whom the trade licence was issued, the
Kowloon-Canton Railway Corporation or Hong Kong Tramways Limited, as
the case may be, refund to such registered owner, person, Corporation or
company a sum equal to one-twelfth part of the amount of the levy in respect of
the vehicle, trade licence, light rail vehicle, tramcar or trailer for each complete
month between the date on which the licence was cancelled, revoked or
surrendered or the light rail vehicle, tramcar or trailer was broken up,
destroyed, rendered permanently immobile or sent permanently out of Hong
Kong, as the case may be, and the end of the 12 months in respect of which the
levy was paid.(Amended 12 of 1989 s. 3)





6. Levy on licence holders

(1) A levy at the rate specified in Part 11 of the Schedule shall be payable by

(a)every holder of a valid full driving licence, learner's driving licence or
temporary driving licence issued under the Road Traffic (Driving
Licences) Regulations (Cap. 374 sub. leg.);

(b)the Crown in respect of every person in the public service of the
Crown who, not being the holder of a valid full driving licence,
learner's driving licence or temporary driving licence issued under the
Road Traffic (Driving Licences) Regulations (Cap. 374 sub. leg.), is at
the date of payment of the levy the holder of a valid driving licence to
drive Government vehicles issued under the Road Traffic (Driving
Licences) Regulations (Cap. 374 sub. leg.) or other authorization
permitting that person to drive a vehicle belonging to the Crown.
(Amended 12 of 1989 s. 4)

(2) A levy under subsection (1)(a) shall be payable

(a)in the case of a valid full driving licence, learner's driving licence or
temporary driving licence valid for 12 months, for each consecutive
period of 12 months during which the licence remains valid; or
(Amended 12 of 1989 s. 4)

(b)in the case of driving licence valid for 3 years, for each consecutive
period of 3 years during which the licence remains valid,

such period commencing on the date from which the licence is granted.

(3) A levy under subsection (1)(a) shall be paid by the licence holder to the
Commissioner and shall accompany the application for the licence.

(4) A levy under subsection (1)(a) shall be payable where the licence is granted
on or after 1 May 1979, but where a driving licence is due to expire on or after that
date and, at any time during the 4 months immediately preceding the date of expiry
of the licence, the holder renews that licence in accordance with regulation 15(2)(a)
of the Road Traffic (Driving Licences) Regulations (Cap. 374 sub. leg.), the holder
shall pay the levy that would have been payable had he renewed the licence on or
after 1 May 1979. (Amended 12 of 1989 s. 4)

(5) The levy under subsection (1)(b) shall be payable by the Crown from the
general revenue not later than 1 June 1979 and thereafter at intervals of 12 months
calculated from the date of the first payment.

(6) In this section, 'person in the public service of the Crown- means a person
who is

(a) a public officer;

(b) a member of Her Majesty's forces serving in Hong Kong; or

(c) a member of-

(i) the Royal Hong Kong Regiment (The Volunteers); (ii)
the Royal Hong Kong Auxiliary Air Force;





(iii) the Royal Hong Kong Auxiliary Police Force; or
(iv) the Essential Services Corps.

7. Failure to pay levy

(1) Where a person who is liable to pay-
(a)an annual levy under section 5 in respect of a motor vehicle to
which section 5(1)(a) applies or in respect of a trade licence to
which section 5(1)(b) applies; or
(b)a levy under section 6 in respect of a driving licence to which
section 6(1)(a) applies,
fails to pay such levy, the Commissioner shall-
(i) in respect of such motor vehicle refuse to issue a vehicle
licence in respect of that vehicle until the annual levy is paid;
(ii) in respect of such trade licence, refuse to issue or renew
that licence until the annual levy is paid; or
(iii) refuse to issue such driving licence until the levy is paid,
as the case may be.
(2) Any unpaid annual levy or levy due from any person other than the
Crown shall be recoverable as a debt due to the Crown.

8. Investment

The Director may invest any moneys of the fund in such investments as
the Financial Secretary may direct, whether or not such investments are
investments authorized under the Trustee Ordinance (Cap. 29).

9. Undertaking to notify Director of claim, etc.

(1) It shall be a condition of any payment of money from the fund to a
person eligible to receive such money, that he signs, in such form as the Director
may specify, an undertaking-
(a)to notify the Director within such period as may be specified in
the undertaking, of the making by that person of any claim or the
bringing of any legal proceedings by that person in respect of the
traffic accident for which he is eligible to claim money from the
fund; and
(b)to notify any person against whom he makes a claim in respect of
that traffic accident of the amount of money he has received from
the fund.
(2) Where a person, who has been notified under subsection (1)(b) by any
person making a claim in respect of a traffic accident of the amount of money
he has received from the fund in respect of that accident, intends making or





is required to make any payment to or for the benefit of that person in respect
of that accident, that person shall not less than 72 hours before the day on
which payment is to be made notify the Director in writing of the name and
address of the person to whom or for whose benefit the payment is to be made
and the amount thereof.
(3) Any person who wilfully breaches an undertaking signed by him
under subsection (1) commits an offence and is liable on conviction to a fine of
$2,000 and to imprisonment for 6 months.
(4) Any person who fails to comply with subsection (2) commits an
offence and is liable on conviction to a fine of $2,000.

10. Recovery of money paid out of the fund

(1) Subject to subsection (2), where as a result of a traffic accident
damages or compensation are or is paid to or for the benefit of any person to
whom or for whose benefit money from the fund in respect of that accident has
been paid, the person receiving the damages or compensation shall pay to the
fund the amount of money paid from the fund.
(2) Where the damages or compensation are or is less than the money
paid from the fund the amount to be paid to the fund under subsection (1) shall
not exceed the amount of the damages or compensation.
(3) Where a person fails to pay money in accordance with subsection (1),
the amount of the money not so paid shall be recoverable as a debt due to the
Crown.
(4) In an action for damages for personal injuries arising out of a traffic
accident there shall not be taken into account any money which has been or
may be paid from the fund in respect of that accident.

11. Accounts, audit and annual report

(1) The Director shall keep such accounts of all transactions of the fund
as the Director of Accounting Services may require and shall prepare for the
period from the commencement of this Ordinance to 31 March thereafter, and
for each subsequent period of 12 months ending on 31 March in each year, a
statement of accounts of the fund, which statement shall include a receipts and
payments account and balance sheet.
(2) The statement of accounts of the fund shall be submitted by the
Director to the Director of Audit not later than 31 July next following the end
of the period to which it relates or such later date as the Governor may allow.
(3) The accounts of the fund and the statement of the accounts shall be
audited by the Director of Audit, who shall certify such statement subject to
such report, if any, as he may think fit.





(4) A copy of the audited statement of accounts together with the Director of
Audit's report, if any, and a report by the Director on the administration of the fund
during the period covered by the audited accounts shall be laid upon the table of
the Legislative Council within 3 months of the receipt by the Director of the audited
statement of accounts from the Director of Audit.

12. Cost of administration

(1) Subject to subsection (2), the cost of the administration of the fund shall be
a charge on the general revenue of Hong Kong.

(2) The Financial Secretary may direct that an annual administration fee to be
determined by him shall be charged to the income of the fund and paid into the
general revenue of Hong Kong.

13. No derogation from common law

Nothing in this Ordinance shall diminish or extinguish any rights enforceable at
common law arising from a traffic accident.

14. Power to amend Schedule

The Legislative Council may by resolution amend the Schedule.

SCHEDULE [ss. 5, 6 & 141

PART 1

LEVY ON MOTOR VEHICLES, TRADE LICENCES,
LIGHT RAIL VEHICLES, TRAMCARS AND TRAILERS

No. of Class Description Annual Levy
1. Motor vehicle $30
2. Trade licence $30
3. Light rail vehicle $30
4. Tramcar $30
5. Trailer drawn by a tramcar $30

PART II

LEVY ON HOLDERS OF DRIVING LICENCES

Item Type of Licence Annual Levy
1 . Full driving licence $10
2. Learner's driving licence $10
3. Temporary driving licence $10

4. Driving licence or other authorization permitting a person in the public
service of the Crown to drive a vehicle owned by the Crown $10

(Replaced 12 of 1989 s. 5)

https://oelawhk.lib.hku.hk/items/show/2920

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