FIXED PENALTY (TRAFFIC CONTRAVENTIONS) ORDINANCE

FIXED PENALTY (TRAFFIC CONTRAVENTIONS) ORDINANCE

LAWS OF HONG KONG

FIXED PENALTY (TRAFFIC CONTRAVENTIONS)
1

ORDINANCE

CHAPTER 237





CHAPTER 237

FIXED PENALTY (TRAFFIC CONTRAVENTIONS) ORDINANCE

ARRANGEMENT OF SECTIONS

Section.................................... Page
1..................................Short title 2
2.................................Interpretation 2
3............................Application to the Crown 3
3A...................Application of Ordinance to private roads 3
4.....................Obstruction on roads by motor vehicles 3
5.................Stopping of motor vehicles at zebra crossings 4
6..............No motor vehicle to stop in a zebra controlled area 4
7.........................Parking at unauthorized places 5
8...........................Parking in parking places 5
9...................Parking at traffic signs and road markings 6
10...........................Parking at parking meters 6
11....................Parking without payment of meter charge 6
12....................................Defences 7
13.................................Fixed penalty 7
14. Liability of registered owner .................. 7
15. Notice and payment of fixed penalty ..7 . . . . . . . . . . 8
15A....................Withdrawal of notice of fixed penalty 9
16...........................Recovery of fixed penalty 9
16A............................Review of proceedings 10
17...............................Service of summons 11
18..................Proceedings in the absence of the defendant 11
19..................Proof in proceedings under section 16 or 18 12
20..............................Hearing of complaint 12
20A.........................Discontinuance of complaint 12
20B...............Payment of fixed penalty after issue of summons 13
21....................Evidence by certificate and presumptions 13
22...................Other orders at conclusion of proceedings 14
23..........................Distress in cases of default 15
24...................Recovery of sums paid by registered owner 16
25...........................Power to make regulations 16

Schedule 1. Recognized Defences ..........17
Schedule 2....................Scheduled Circumstances 17





CHAPTER 237

FIXED PENALTY (TRAFFIC CONTRAVENTIONS)

To provide for a fixed penalty to be payable for various contraventions of the law;
for the recovery of the fixed penalty, and for matters incidental thereto or
connected therewith. (Amended 56 of 1981 s. 2)

[20 September 19711 L.N.112 of 1971

Originally 28 of 1970 L.N. 72 of 1971,42 of 1971,27 of 1973,47 of 1973,50 of 1974,4 of
1975,59 of 1975,59 of 1977,79 of1979, L.N. 278 of 1979,56 of 1981, L.N. 370 of 1982,
11 of 1984,39 of 1984, R. Ed. 1984,80 of 1988, L.N. 48 of 1989

1. Short title

This Ordinance may be cited as the Fixed Penalty (Traffic Contraventions)

Ordinance.

2. Interpretation

in this Ordinance, unless the context otherwise requires

'Commissioner' means the Commissioner for Transport;

'contravention' means a contravention of any of the provisions of section 4, 5,
6,7,8(1),(2)and(4),9,10or11(l); (Replaced 59 of 1977s. 2)

'driver', 'motor vehicle', 'bus', 'personal effects', 'private road', 'road', 'taxi'
and 'vehicle' have the respective meanings assigned to them by the Road
Traffic Ordinance(Cap. 374) enacted in 1982; (Amended 39 of 1984 s. 2; 80 of
1988 s. 13)

'fixed penalty' means the penalty prescribed by section 13;

'parking' has the meaning assigned to it in the Road Traffic (Parking) Regulations
(Cap. 374 sub. leg.); (Added39of 1984s. 2)

'parking meter', 'parking place', 'parking space' and 'temporary parking space-
have the respective meanings assigned to them by the Road Traffic (Parking)
Regulations (Cap. 374 sub leg.); (Replaced 39 of 1984 s.2)

'proceedings' means proceedings before a magistrate under section 16(1) or (2);
(Replaced 56 of 1981 s. 3)

'registered address' means the address of a registered owner which appears, in
respect of any motor vehicle registered in his name, in the register of motor
vehicles maintained by the Commissioner under regulation 4(1) of the Road
Traffic (Registration and Licensing of Vehicles) Regulations (Cap.

374sub.leg.);(Amended39of 1984s. 2)





'registered owner' means-

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

(b)in relation to a motor vehicle to which a trade plate or permit issued
under the Road Traffic (Registration and Licensing of Vehicles)
Regulations (Cap. 374 sub. leg.) is affixed, the person to whom the
relevant trade licence or permit is issued under those regulations;
(Replaced 27 of 1973s.2)

'sum adjudged to be paid' means any sum ordered by a magistrate to be paid in
any proceedings and any costs awarded against the defendant under section
22;

'traffic warden' means a traffic warden and a senior traffic warden; (Added 50 of 1974
s. 2)

'zebra crossing' and 'zebra controlled area' have the meanings assigned to them
by the Road Traffic (Traffic Control) Regulations (Cap. 374 sub. leg.). (Added4 of
1975s. 2. Amended39of 1984s. 2)

3. Application to the Crown

(1) This Ordinance shall apply to motor vehicles owned by the Crown

and to persons in the public service of the Crown.

(2) Where a contravention is committed in respect of a motor vehicle

owned by the Crown the person liable for the fixed penalty shall be the driver of the
motor vehicle at the time the contravention is committed.

3A. Application of Ordinance to private roads

Sections 4, 5 and 6 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.

(Added 80 of 1988 s. 14)

4. Obstruction on roads by motor vehicles

No person shall cause or permit any motor vehicle to stand on a road in

such a position or in such condition or in such circumstances as to be likely to
cause any unnecessary obstruction of such road or danger to other persons using
the road.





5. Stopping of motor vehicles at zebra crossings

No person shall cause any motor vehicle or any part thereof to stop within the
limits of a zebra crossing unless either he is prevented from proceeding by
circumstances beyond his control or it is necessary for him to stop in order to avoid
an accident.

(Amended4 of 1975 s. 3)

6. No motor vehicle to stop in a zebra controlled area

(1) Subject to subsections (2) and (3), the driver of a motor vehicle shall not
cause the motor vehicle or any part thereof to stop in a zebra controlled area.

(2) Nothing in subsection (1) shall prevent a motor vehicle from stopping in
any length of road on any side thereof

(a) if the driver has stopped for the purpose of complying with

regulation 31 or 32(1)(b) of the Road Traffic (Traffic Control)
Regulations (Cap. 374 sub. leg.); (Amended39of 1984s.3)

(b) (Repealed 59 of 1977s. 3)

(c) for so long as may be necessary to enable the motor vehicle, if it

cannot be used for such purpose without stopping in that length
of road, to be used-

(i) for fire service, ambulance or police purposes;

(ii) in connection with any building operation, demolition or
excavation;

(iii) for the removal of any obstruction to traffic;

(iv) for the maintenance, improvement or reconstruction of that
length of road; or

(v) for the laying, erection, alteration, repair or cleaning in or near to
that length of road of any traffic sign or sewer or of any main,
pipe or apparatus for the supply of gas, water or electricity, or
of any tramway, telegraph or telephone wires, cables, posts or
supports.

(3) Nothing in subsection (1) shall prevent a motor vehicle from stopping in a
zebra controlled area

(a) if the motor vehicle is stopped for the purpose of making a left or

right turn;

(b) if, in the case of a public bus being used to provide services under

the Public Bus Services Ordinance (Cap. 230), the public bus is
waiting to enter a bus stop situated outside the zebra controlled
area. (Amended59of 1975s. 37;39of 1984s.3)

(Replaced 4 of 1975 s. 4)





7. Parking at unauthorized places

(1) No person shall park a motor vehicle on any road on which there is a
system of street lighting furnished by means of lamps not more than 200 m apart
other than in a parking place:

Provided that if in any proceedings for a contravention of this subsection it is
proved to the satisfaction of the court or magistrate that there is a system of street
lighting on a road, the system of street lighting shall be presumed to be furnished by
means of lamps not more than 200 m apart unless the contrary is proved.

(2) No person shall park a motor vehicle

(a)on a pavement, pedestrian way, central reservation, verge, hard
shoulder or traffic island; or

(b)so as to obstruct vehicular access to or from premises adjacent to the
carriageway; or

(c) so as to obstruct access to a fire hydrant from the carriageway.

(Replaced 39 of 1984 s. 4)

8. Parking in parking places.

(1) No person shall park a motor vehicle in a parking place contrary to a traffic
sign or road marking in Schedule 1 to the Road Traffic (Parking) Regulations (Cap.
374 sub. leg.) erected or placed at such parking place. (Replaced 39 of 1984 s. 5)

(2) Subject to subsection (3), no person shall park a motor vehicle in a parking
place in such a manner that it occupies more than one parking space or
unnecessarily projects over any line delineating the parking space. (Replaced 39 of
1984 s. 5)

(3) Where a motor vehicle occupies more than one parking space, or projects
over a line delineating the parking space in which it is parked into an adjoining
parking space, it shall be a defence in proceedings in respect of a contravention of
subsection (2) to prove that the vehicle

(a) is longer than one parking space; and

(b)was not so parked so as to occupy more parking spaces than is
necessary having regard to the length of the vehicle. (Amended 39 of
1984 s. 5)

(4) No person shall park a motor vehicle in any parking place the designation of
which is suspended or cancelled under regulation 5(3) of the Road Traffic (Parking)
Regulations (Cap. 374 sub. leg.). (Replaced 39 of 1984 s.5)

(5) No person shall park a motor vehicle in any parking space the designation
of which is suspended under regulation 6(2) of the Road Traffic

(Parking) Regulations (Cap. 374 sub. leg.).(Added39of 1984s. 5)





(6) No person shall park a motor vehicle in a temporary parking place contrary
to any traffic sign lawfully erected or placed in or near such temporary parking
place. (Added 39 of 1984 s. 5)

(Replaced 59 of 1977s. 5)

9. Parking at traffic signs and road markings

Where any traffic sign or road marking in accordance with Figure No. 6, 7, 8, 9,
10, 11 or 12 of Schedule 1 to the Road Traffic (Parking) Regulations (Cap. 374 sub.
leg.) is erected in or placed on any part of a road, no person shall park any motor
vehicle on that part during such days or periods of time as are indicated in the sign,
or if no such days or periods are indicated, at any time.

(Replaced 39 of 1984 s. 6)

10. Parking at parking meters

(1) Any person who parks a motor vehicle in a parking space in respect of
which there is a parking meter shall as soon as possible after the motor vehicle is
driven into the parking space insert or cause to be inserted in the parking meter a
coin of a denomination shown on the parking meter (hereinafter referred to as an
appropriate coin) and shall comply with such directions as are exhibited on the
parking meter.

(2) The insertion of the appropriate coin in a parking meter shall be payment for
the use of the parking space for the motor vehicle then in it for the period, from the
time of such insertion, shown on the parking meter:

Provided that nothing in this Ordinance shall entitle any person to park any
motor vehicle in a parking space in respect of which there is a parking meter whilst
the designation of such parking space is suspended by the Commissioner under
regulation 5 of the Road Traffic (Parking) Regulations (Cap. 374 sub. leg.).

(3) Where any motor vehicle

(a)is parked in a parking space in respect of which there are parking
meters; and

(b)occupies more than one parking space therein in accordance with
section 8(3),

the person who parked the vehicle shall insert or cause to be inserted an
appropriate coin into the parking meter for each of the parking spaces occupied or
partially occupied thereby. (Added59of 1977s. 7)

(Amended 39 of 1984s. 7)

11. Parking without payment of meter charge

(1) No person shall park any motor vehicle in a parking space in respect of
which there is a parking meter, during the period prescribed in the plate affixed to
the parking meter under regulation 11(2) of the Road Traffic





(Parking) Regulations (Cap. 374 sub. leg.), unless the parking meter is exhibiting a
sign indicating that payment has been made for the use of the parking space:

Provided that this subsection shall not apply to a motor vehicle while it is
being driven into the parking space and for such period thereafter as shall be
necessary to enable the person in charge of the motor vehicle to comply with
section10(1). (Amended39of 1984s. 8)

(2) In any proceedings in respect of a contravention of subsection (1), it shall
be a defence to prove that due to a defect in the relevant parking meter

(a)the sign referred to in subsection (1) was not exhibited, or was not
exhibited for the appropriate period of time, notwithstanding that an
appropriate coin was inserted in the meter; or

(b)it was not possible to insert a coin in the meter. (Replaced 59 of
1977s.8)

12. Defences

(1) Without prejudice to any other provision of this Ordinance, in proceedings
for a contravention specified in the first column of Schedule 1, it shall be a defence
to prove that the contravention was committed in any of the scheduled
circumstances indicated opposite thereto in the second column of Schedule 1.

(2) For the purposes of subsection (1) and Schedule 1 'scheduled
circumstances' means any of the circumstances set out in paragraph 1 of Schedule
2.

(Replaced 59 of 19 77 s. 9)

13. Fixed penalty

There shall be a fixed penalty for a contravention of any of the provisions of
section 4, 5, 6, 7, 8, 9, 10 or 11 (1) which shall be $200 or such larger amount as may
be prescribed by the Legislative Council by resolution. (AmendedL.N. 2 78 of 19 79; L.
N. 3 70 of 1982; L. N. 48 of 1989)

14. Liability of registered owner

(1) Subject to section 3(2), the person liable for the fixed penalty under section
13 shall be the registered owner for the time being of the motor vehicle when the
contravention is committed.

(2) In any proceedings for recovery of the fixed penalty it shall be no defence~-

(a)that the contravention was committed without the knowledge or
consent of the registered owner; or





(b)that at the time the contravention was committed the motor vehicle
was driven by or was in charge of a person other than the registered
owner:

Provided that it shall be a good defence for the registered owner to prove that,
at the time the contravention was committed, the motor vehicle was taken and
driven away without his consent by a person other than a driver employed by him
or was stolen.

15. Notice and payment of fixed penalty

(1) If a police officer has reasonable cause to believe that a contravention is
being or has been committed, he may give the registered owner of the vehicle
concerned or, where section 3(2) applies, the driver liable an opportunity to
discharge his liability in respect of that contravention by payment of a fixed penalty.
(Amended59of 1977s. 10)

(2) For the purposes of subsection (1) notice in the prescribed form shall be
delivered personally to the person in charge of the vehicle or fixed on the vehicle:
(Amended 56 of 1981 s. 4)

Provided that the operation of this section or section 16 shall not be affected
by a failure to comply with this subsection. (Added56 of 1981s.4)

(3) If the fixed penalty is not paid within 21 days after the date of a
contravention a notice shall be served on the person liable

(a) demanding payment of the fixed penalty; and

(b)informing the person that if he wishes to dispute liability for the
contravention he should so notify the Commissioner of Police:

Provided that no notice shall be served under this subsection

(i) if the Commissioner of Police is of the opinion that no further
proceedings should be taken in respect of the contravention; or

(ii) after the expiry of 6 months from the date of the contravention.
(Replaced 56 of 1981 s. 4)

(4) A notice under subsection (3) 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 under section 3(2), to the address
where the driver normally works.

(5) A notice under subsection (3) shall be in such form as may be prescribed
and shall state that the person liable is required

(a) to pay the fixed penalty; or

(b)to notify the Commissioner of Police that he wishes to dispute
liability for the contravention,
within 10 days after the date of the notice. (Replaced 56 of 1981s.4)

(5A) Subject to section 20B, no payment shall be accepted after the time

prescribed in the notice served under subsection (3).(Added59 of 1977s. 10)





(6) A certificate of posting in the prescribed form purporting to be signed by or
for the Commissioner of Police shall be admitted in evidence without further proof
on its production to the magistrate by the complainant and, until the contrary is
proved, it shall be presumed that

(b)the notice under subsection (3) to which the certificate relates was
duly served. (Replaced 42 of 1971 s. 2. Amended 56 of 1981 s.4)

(7) For the purposes of subsection (1) and the form of notice referred to in
subsection (2) 'police officer' includes a member of the Royal Hong Kong Auxiliary
Police Force and a traffic warden. (Added 47 of 1973 s. 2. Amended 50 of 1974 s. 3)

15A. Withdrawal of notice of fixed penalty

(1) Where a notice under section 15(3) has been served on any person, the
Commissioner of Police may, at any time before the commencement of any
proceedings against that person in respect of the contravention specified in the
notice and whether or not an order under section 16(2) has been applied for, but
before such order is made, withdraw that notice, and may serve on that person a
notice in writing informing him that the notice has been withdrawn. (Amended 56 of
1981 s. 5)

(2) Where a notice under section 15(3) had been withdrawn under this section
and any sum of money has been paid pursuant to the notice, the Director of
Accounting Services shall, on demand by the person on whom the notice was
served, repay to that person the sum so paid.

(Added 59 of 1977s. 11)

16. Recovery of fixed penalty

(1) Where a person on whom a notice under section 15(3) has been served has
notified the Commissioner of Police, in accordance with that notice, that he wishes
to dispute liability, the matter shall be determined by a magistrate on complaint, in a
summary way, in accordance with this Ordinance.

(2) Where a person on whom a notice under section 15(3) has been served has
not paid the fixed penalty and has not notified the Commissioner of Police, in
accordance with that notice, that he wishes to dispute liability for the contravention,
a magistrate shall, on an application which may be made in the absence of that
person, order him to pay the fixed penalty, together with an additional penalty equal
to the amount of the fixed penalty, within 14 days of being served with notice of the
order.

(3) Where an order is made under subsection (2) the magistrate shall cause
notice of the order to be served on the person to whom it relates.





(4) Notice of the order made under subsection (2) 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 under section 3(2), to the address
where the driver normally works.

(5) In proceedings under subsection (1) or (2), the complaint or application
shall be in the name of the Attorney General but need not be signed. (Replaced 11
of 1984 s. 2)

(6) The Attorney General may appoint any person or class of persons to
conduct the proceedings under subsections (1) and (2). (Added]] of 1984s. 2)

(Replaced 56 of 1981 s. 6)

16A. Review of proceedings

(1) Where a magistrate is satisfied that the notice mentioned in section 15(3)
has not come to the personal notice of the person liable without any neglect by that
person, the magistrate may, on an application of which reasonable notice has been
given to the Commissioner of Police, rescind the order made under section 16(2) and

(a)if that person wishes to dispute liability for the contravention, order
that the matter be determined in accordance with section 16(1); or

(b) if he does not wish to dispute liability-

(i)order him to pay the fixed penalty within 10 days of the order;
and

(ii)order that, if he fails to pay that fixed penalty within that period,
he shall be liable to pay immediately that fixed penalty, together
with an additional penalty equal to the amount of the fixed
penalty. (Replaced]] of 1984s. 2)

(2) An application under subsection (1) may be made in person or by counsel
or solicitor and the magistrate, for the purpose of securing the attendance of
witnesses and generally for conducting the proceedings, shall have all the powers
of a magistrate hearing a complaint under the Magistrates Ordinance (Cap. 227).

(3) An application under subsection (1) shall be made within 14 days of the
date which the magistrate is satisfied is the earliest date on which the order
mentioned in section 16(2) came to the personal notice of the person to whom that
order relates. (Added]] of 1984s. 2)

(4) A magistrate may for good cause, on an application by the Commissioner of
Police at any time, rescind any order for the payment of a fixed penalty and any
other order made in the same proceedings. (Added11of 1984s.2)





(5) Where a magistrate makes an order under subsection (1)(a), proceedings
may be taken, notwithstanding section 26 of the Magistrates Ordinance (Cap. 227),
within 6 months from the date of that order. (Added 11 of 1984 s. 2)

(Added 56 of 1981 s. 6)

17. Service of summons

(1) A summons issued in any proceedings under section 16(1) may,
notwithstanding section 8(2) of the Magistrates Ordinance (Cap. 227), be served by
sending it by post- (Amended56of 1981s.7)

(a)where it is directed to a registered owner, to his registered address;
or

(b)where it is directed to a driver under section 3(2), to the address
where the driver normally works.

(2) A certificate of posting in the prescribed form purporting to be signed by or
for the Commissioner of Police shall be admitted in evidence without further proof
on its production to the magistrate by the complainant and, until the contrary is
proved, it shall be presumed that

(a) the certificate is so signed; and

(b)the summons under subsection (1) to which the certificate relates
was duly served. (Replaced 42 of 1971 s. 3. Amended 59 of 1977 s.
12; 56 of 1981 s. 7)

18. Proceedings in the absence of the defendant

(1) Where at the time and place appointed for the hearing or adjourned hearing
of a complaint a person served with a summons under section 17(1) does not appear
before the magistrate, the magistrate may, subject to subsection (2), proceed to the
hearing of the complaint and adjudicate thereon as fully and effectually to all intents
and purposes as if such person had personally appeared before him in obedience to
the summons.

(2) The magistrate shall not begin to hear the complaint in the absence of the
defendant unless

(a) service is proved under section 17(2); or

(b)the defendant has appeared on a previous occasion to answer to the
complaint.

(3) Notwithstanding section 17(2), for the purposes of subsection (2) a
summons shall be deemed not to have been served unless service was effected
within what is deemed by a magistrate to be a reasonable time before the time
appointed in the summons for appearing thereto.

(Replaced 59 of 1977s. 13)





19. Proof in proceedings under section 16 or 18

Notwithstanding any provisions of the Magistrates Ordinance (Cap. 227), in
any application under section 16(2) or in any proceedings under section 18 in the
absence of the defendant, an order under section 16(2) shall be made upon, or the
substance of the complaint may be proved by, the production by the applicant or
complainant to the magistrate of

(a)a copy of the notice served under section 15(3) together with a
certificate of posting under subsection (6) of that section; and

(b) a certificate under section 21 (1).

(Replaced 56 of 1981 s. 8)

20. Hearing of complaint

(1) A defendant shall, if he is present at a hearing and does not admit the truth
of a complaint, be forthwith required to state the nature of his defence and if he
does not at that stage expressly put in issue any allegation of fact contained in a
certificate produced under section 21(1) he shall not thereafter be permitted to
dispute or adduce evidence to contradict any such fact contained in the certificate.
(Amended42 of 1971s.5)

(2) If a defendant has put in issue any allegation of fact in accordance with
subsection (1), a magistrate may proceed to the bearing of the complaint and
adjudicate thereon or may adjourn the proceedings and may issue a summons for
the appearance of any witness.

(3) Where a person served with a summons in proceedings under section 16(1)
does not appear before the magistrate or, having appeared, offers no defence or a
defence which is frivolous or vexatious, the magistrate shall order that person to
pay the fixed penalty together with an additional penalty equal to the amount of the
fixed penalty. (Added56of 1981s.9)

(4) Where an order is made in proceedings under section 18, the magistrate
shall cause notice of the order to be served on the defendant. (Added 56 of 1981 s.
9)

(5) Notice of the order made in any proceedings under section 18 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 under section 3(2), to the address
where the driver normally works. (Added56of 1981s. 9)

20A. Discontinuance of complaint

The complainant may, without the leave of the magistrate, discontinue a
complaint against a defendant at any stage of the proceedings on giving notice in
writing to the defendant and to the magistrate concerned.

(Added 59 of 1977s. 15)





20B. Payment of fixed penalty after issue of summons

(1) Notwithstanding that proceedings have been instituted against a person
who has notified the Commissioner of Police in accordance with the notice served
on him under section 15(3), that he wishes to dispute liability, the defendant may
pay the fixed penalty together with an additional penalty equal to the amount of the
fixed penalty in accordance with subsection (2), and, if at the same time the
defendant also pays to the court the sum of $70 by way of costs, the proceedings
shall thereupon terminate. (Amended 56 of 1981 s. 10; 39 of 1984 s. 9)

(2) Payment under subsection (1) shall be made to the court before which the
defendant is required to appear not less than 72 hours before the time specified in
the summons for his appearance; and the summons shall be produced at the time of
payment.

(3) The Legislative Council may, by resolution, amend the sum specified in
subsection (1). (Added 39 of 1984 s. 9)

(Added 59 of 19 77 s. 15)

21. Evidence by certificate and presumptions

(1) A certificate in the prescribed form stating

(a)that the person specified in it was at any particular time the
registered owner or the driver, as the case may be, of a particular
vehicle;

(b)that the address specified in it was at any particular time the
registered address of such person or, in the case of a driver, the
address where he normally worked; and

(c)that payment of the fixed penalty in respect of the contravention
specified in any particular notice under section 15(3) was not made
before the date specified in the certificate and, in the case of an
application under section 16(2), that the person specified in it had
not, before the date specified in the certificate, notified the
Commissioner of Police that he wished to dispute liability for the
contravention,

and purporting to be signed by or for the Commissioner of Police shall be admitted
in evidence without further proof on its production to the magistrate by the
complainant or applicant and

(i) until the contrary is proved, it shall be presumed that the certificate is
so signed;

(ii)the certificate shall be prima facie evidence of the facts stated
therein. (Replaced 42 of 1971 s. 6. Amended56 of 1981 S. 11)





(2) In any proceedings in respect of a contravention of section 5 or 6 the
crossing in question shall be presumed at the relevant time to have been established
and delineated in accordance with the provisions of the Road Traffic (Traffic
Control) Regulations (Cap. 374 sub. leg.) unless the contrary is proved.
(Amended39of 1984s. 10)

(2A) In any proceedings in respect of a contravention of section 9 any traffic
sign or road marking, being a traffic sign or road marking in accordance with a
Figure in Schedule 1 to the Road Traffic (Parking) Regulations (Cap. 374 sub. leg.),
erected or placed in any place shall be deemed to have been lawfully erected or
placed until the contrary is proved, and the fact that such a traffic sign or road
marking differs slightly in size, colour or type from a traffic sign or road marking
prescribed in the said Schedule 1 shall not affect the validity of such traffic sign or
road marking so long as the general appearance of the traffic sign or road marking is
not thereby materially impaired. (Added 59of 1977s.16. Amended39of 1984s. 10)

(3) In any proceedings in respect of a contravention of section 10 or 11 the
parking meter in question shall be presumed at the relevant time to have been of
such design and construction as shall have been approved by the Commissioner
and to have been maintained to his satisfaction unless the contrary is proved.

22. Other orders at conclusion of proceedings

(1) If at the conclusion of any proceedings a complaint is dismissed, the
magistrate may at the same time make an order for the payment of costs by the
complainant of not less than $80 or more than $1,500. (Amended 39 of 1984 S. 11)

(2) If at the conclusion of any proceedings an order for payment of the fixed
penalty either with or without an additional penalty is made, the magistrate

(a) may at the same time make an order for the payment of costs by

the defendant of not less than $80 or more than $1,500; and

(b) shall at the same time make an order directing the Commissioner,

for so long as the defendant fails to pay the sum adjudged to be
paid-

(i)to refuse to issue a driving licence to the defendant or to refuse
to renew his driving licence; and

(ii) in respect of the motor vehicle of which the defendant is the
registered owner and which is the subject matter of the
proceedings to take no action under regulation 17(3), (4) or (5) of
the Road Traffic (Registration and Licensing of Vehicles)
Regulations (Cap. 374 sub. leg.) on receipt of any





notice of transfer of ownership of the motor vehicle and to
refuse to license the motor vehicle under regulation 21(3), (5) or
(6) of the regulations. (Replaced 59 of 1977 s. 17. Amended 56 of
1981 s. 12; 39 of 1984 s. 11)

(3) An order under subsection (2)(b) shall specify

(a) the name of the defendant;

(b) the registration mark of the motor vehicle; and

(c) the sum adjudged to be paid. (Replaced 59 of 1977s. 17)

(3A)Where an order under subsection (2)(b) is made, the magistrate shall cause
notice of the order to be sent to the Commissioner if the sum adjudged to be paid is
not paid within 24 hours of the making of the order. (Added 59 of 1977s.17)

(4) An order under subsection (2)(b) shall cease to have effect if the defendant
produces to the Commissioner a receipt or other evidence to prove that the sum
adjudged to be paid has been paid. (Replaced 56 of 1981 s. 12)

(4A) An order under subsection (2)(b)(ii) shall cease to have effect if the
defendant sells or otherwise disposes of the motor vehicle and the new owner of the
motor vehicle is, at the time of delivery of notice of transfer of ownership under
regulation 17 of the Road Traffic (Registration and Licensing of Vehicles)
Regulations (Cap. 374 sub. leg.), in possession of a valid certificate in the prescribed
form issued by the Commissioner to the effect that no notice of a valid order under
subsection (2)(b)(ii) appears in the records of the Cornmissioner in respect of the
motor vehicle. (Added 56 of 1981 s. 12. Amended 39 of 1984 s. 11)

(5) A certificate issued under subsection (4)(b) shall be valid for not more than
72 hours from the time of issue:

Provided that no day which is a general holiday shall be taken into account in
computing any such period of 72 hours.

(6) The Legislative Council may, by resolution, amend any of the sums
specified in subsection (1) or (2)(a). (Added39of 1984s.]])

23. Distress in cases of default

(1) If a person who has been ordered to pay any sum adjudged to be paid fails
within 1 month of the date of the order to so pay, an application may be made in the
absence of that person to a magistrate for an order directing that

(a)the sum adjudged to be paid, or where the application for an order
under this section is in respect of more than one sum adjudged to be
paid, the total of such sums; and

(b) any additional sum payable under subsection (2); and

(c)any subsequent costs in the proceedings including the costs of an
application under this section, or where an application for an





order under this section is in respect of more than one sum
adjudged to be paid, the total of the subsequent costs in all the
proceedings,
be levied on any goods and chattels of the person by distress and sale thereof.

(2) Where an application is made to a magistrate under subsection (1), the
person to whom the application relates shall, without any further proceedings, be
ordered to pay an additional sum by way of costs of not less than $50 or more than
an amount equal to the fixed penalty, which, for the purposes of section 22(2)(b),
shall be treated as if it were included in the sum adjudged to be paid.

(3) An application under subsection (1) shall be in the name of the Attorney
General, who may appoint any person or class of person to make the application.

(Replaced 56 of 1981 s. 13)

24. Recovery of sums paid by registered owner

When a registered owner has paid a fixed penalty, an additional penalty or
costs such fixed penalty, additional penalty or costs may be recovered summarily as
a civil debt by the registered owner from the person who was driving or in charge of
the motor vehicle at the time the contravention was committed.

(Amended 56 of 1981 s. 14)

25. Power to make regulations

The Governor in Council may make regulations

(a)prescribing anything which under this Ordinance is to be or may be
prescribed;

(b)specifying the persons to whom and the places at which a fixed
penalty or an additional penalty may be paid;

(c)specifying the manner of payment of a fixed penalty or an additional
penalty and the receipt therefor;

(d)specifying the duties of a person to whom a fixed penalty or an
additional penalty is payable and the information to be supplied to
him;

(e)specifying the procedure for the application for and issue of a
certificate under section 22(4A); and

generally for the better carrying out of the provisions of this
Ordinance.

(Amended 56 of 1981 s. 15)





SCHEDULE 1 [s. ]2(1)]

RECOGNIZED
DEFENCES

Contravention Scheduled circumstances which may

constitute a defence

section 4.B, C, E, G
5 G
6 E, G
7 A, B, C, D, E, G
8(1) A, B, C, E, G
8(2) A, B, C, E, G
8(4) A, B, C, E, G
8(5) A, B, C, D, E, G
8(6) A, B, C, D, E, G
9 A, B, C, D, E, G

10(1) & (3) A, B, C, E, G
A, B, C, E
(Schedule] added 59 of 1977s. 19. Amended39of 1984s.12)

SCHEDULE 2 [s. 12(2)]

SCHEDULED
CIRCUMSTANCES

1. For the purposes of section 12 and Schedule 1, the circumstances which may constitute a
defence in proceedings for a contravention are as follows

A.Where a vehicle is being used for operations in connection with any building or other
construction, demolition or excavation, if the vehicle cannot be conveniently used for
such operations outside a period of restriction and is parked

(i) in a position as close as possible to the site of the operations;
and (ii) for a period no longer than is necessary.

B.Where a vehicle is being used for operations in connection with the removal of any
obstruction to traffic, the maintenance, improvement or reconstruction of any road or
the laying, erection, alteration or repair in or near to any road of any sewer or main,
pipe or apparatus for the supply of gas, water or electricity, or of any tramway, subway,
tunnel, telegraph or telephone cables, posts or supports, if the vehicle cannot be
conveniently used for such operations outside a period of restriction and is parked

(i) in a position as close as possible to the site of the operations;
and (ii) for a period no longer than is necessary.

C.Where a motor vehicle is being used on a restricted road for the purposes of the police,
fire services or ambulance services, or for the conveyance of public mail, or by the
Armed Forces of the Crown when any such vehicle is being used as a matter of urgent
necessity, if compliance with the Ordinance would be likely to hinder the use of the
vehicle on that occasion for any of those purposes.

D.Where a public bus, being a bus which is being used or is intended to be used to carry
passengers at separate and distinct fares within Hong Kong or on a recognized and
predetermined route or for a recognized and predetermined purpose in accordance with a
right or licence granted by or under any enactment

(i) (Repealed 39 of 1984s. 13)

(ii) is parked temporarily at any place at or near a turning or terminal point provided
for that purpose under the Public Bus Services Ordinance (Cap. 230); or







(iii) is, with the permission in writing of the Commissioner, parked at a terminus
between the hours of 11 p.m. and 7 a.m.





E. Where anything is done with the express permission or by the direction of a police officer
or traffic warden in uniform.
F. (Repealed 39 of 1984 s. 13)
G. Where a motor vehicle is prevented from proceeding by-
(i) mechanical breakdown; or
(ii) other circumstances beyond the driver's control, and all reasonable steps are taken to
minimise any obstruction and effect the removal of the vehicle as soon as possible.
2. In paragraph 1, unless the context otherwise requires-
'period of restriction' in respect of any road means any period during which the parking of vehicles
is prohibited or restricted in accordance with a sign erected under the Road Traffic (Parking)
Regulations (Cap. 374 sub. leg.);
'restricted road' means a road referred to in section 7(1).
(Schedule 2 added 59 of 1977s. 19.Amended39of 1984s. 13)

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