FIXED PENALTY (TRAFFIC CONTRAVENTIONS) REGULATIONS

FIXED PENALTY (TRAFFIC CONTRAVENTIONS) REGULATIONS

FIXED PENALTY (TRAFFIC CONTRAVENTIONS)
REGULATIONS

(Cap. 237, section 25)

[20 September 197 L]

1. These regulations may be cited as the Fixed Penalty (Traffic
Contraventions) Regulations.

2. (1) A notice for the purposes of section 15(2) of the Ordinance shall
be in accordance with Form 1 in the Schedule.

(2) A notice for the purposes of section 15(3) of the Ordinance shall be
in accordance with Form 2 in the Schedule.

(3) A notice in Form 2 in the Schedule shall be valid if the name of the
Commissioner of Police or a police officer authorized by him is printed or
signed thereon.

3. (1) A person who receives a notice in Form 1 or 2 in the Schedule may
pay the fixed penalty within the period of time stated in the notice

(a)by post, to the Director of Accounting Services, The Treasury,
Central Government Offices (West Wing), or

(b) personally or through his agent,-

(i) at the Revenue Branch of the Treasury or at any sub-treasury
specified in the notice,

(ii) at any magistracy specified in the notice; otice; or

(iii) at any District Office specified in the notice.

(2) A person who wishes to pay the fixed penalty in accordance with
paragraph (1) shall deliver the notice to which the payment relates together
with the payment.

(3) When any payment is made in accordance with this regulation, it shall
be of the amount specified in the notice or, where payment is made in respect
of more than one notice, of the total amounts specified in the notices.

(4) A payment under paragraph (1) shall no not include, or form part of,
an amount in respect of a matter other than a matter specified in the notice or
notices.

(5) Where any amount is paid otherwise than in accordance with this
regulation, the Director of Accounting Services

it to the payer. ices may return

(6) Subject to paragraph (5), the Director of Accounting Services shall,
whenever practicable to do so, send to the person paving a fixed penalty a
receipt for the payment.





4. (1) A certificate of posting under section 15(6) of the Ordinance
shall be in accordance with Form 3 in the Schedule.

(2) A certificate of posting under section 17(2) of the Ordinance
shall be in accordance with Form 4 in the Schedule.

(3) A certificate under section 21(1) of the Ordinance shall be in
accordance with Form 5 in the Schedule.

5. An application for a certificate under section 22(4)(b) of the
Ordinance shall be made to the Commissioner and shall be in
accordance with Form 6 in the Schedule and the certificate shall be

in accordance with Form 7 in the Schedule.
SCHEDULE
[reg. 2(1).]
FORM 1


NOTICE OF PARTICULARS OF ALLEGED FIXED PENALTY TRAFFIC CONTRAVENTION


(Fixed Penalty (Traffic Contraventions) Ordinance, Cap. 237, Section 15(2))

letters numbers

VEHICLE
TYPE VEHICLE NO.

TRANSACTION NO.

IS ALLEGED TO HAVE COMMITTED A TRAFFIC CONTRAVENTION


CONTRAVENTION DETAILS

DATE


TIME

numbers
CONTRAVENTION CODE NO.

PLACE (Use block letters if in English) Always complete & If B not available, complete C if possible.


A. ROAD B. HOUSEIMETER NO.


C. ROAD JUNCTION OR OTHER IDENTIFYING FEATURE
1. At thejunction with
2. Near junction with

3. Other


day month year *letter numbers unit



DATE OF ISSUE ISSUING OFFICER (*Auxiliary Police Officer write 'A' in the box)


Enquiries concerning the issue of this notice may he made by contacting the Duly Cificer of any PoliceStation.





LIST OF CONTRAVENTIONS

The motor vehiclewas-

(Code No.):

(01)Parked causing an
unnecessary o '
obstruction of ,a road or
danger to other persons
using the road (section
4).

(02)Stopped within the limits
of a zebra crossing
(section 5).

(03)Stopped in a zebra
controlled area (section
6).

(04)Parked other than in an
authorized parking place
(section 7(1)).

(05)Parked (in a pavement,
pedestrian way central
reservation. verge, hard
shoulder or traffic island
(section 7(21((1)).

(06)Parked so as to obstruct
vehicular access to or
from premises adjacent
to the cariage-way
(section 7(2)(b)).

(07)Parked so as to obstruct
access to a fire hydrant
from the carriage-way
(section 7(2)(( W

(08)Parked in a parking
place in contravention
of a traffic sign or road
marking (section 8( 1)).

(09)Unnecessarily parked in
more than one space. or
unnecessarily projecting
over any line delineating
a parking space (section
8(2))

(10)Parked in a parking
place where parking is
suspended or cancelled
by the Commissioner
for Transport (section
8(4)).

(11)Parked in a parking
place where parking is
suspended by the
Cornmissioner of Police
(section 8(5)).

(12)Parked in a temporary'
parking, place contrary
to a traffic sign (seetion
8(6)).

(13)Parked in contravention
of no parking traffic
sign or road marking
(section 9).





(14)Parked in a metered
parking space without as
soon as possible after
parking inserting an
appropriate coin in the
meter (section 10(1)).

(15)Parked in more than one
metered parking space
without inserting an
appropriate coin in each
meter (section 10(3)).

(16)Parked in a metered
parking space when the
meter does not indicate
that payment has been
made (section 11).

PAYMENT INSTRUCTIONS

Payment may be made

(a) BY POST ADDRESSED TO
THE DIRECTOR OF
ACCOUNTING SERVICES,
P.O. BOX 8000, GENERAL
POST OFFICE, HONG
KONG; OR

(b) PERSONALLY OR BY AN
AGENT at any of the follow-
ing offices-

Hong Kong Island

(i)The Treasury, Central
Collection and Payment
Office, Central
Government Offices, West
Wing, 11 Ice House Street
(side entrance to the
building in Ice House
Street);

(ii) The Causeway Bay
SubTreasury, Causeway
Bay Magistracy Building,
2nd floor, 20 Electric
Road:

(iii) The Causeway Bay
Magistracy, 20 Electric
Road;

(iv) The Western Magistracy,
1 Arbuthnot Road.

Kowloon

(v) The Yaumati
SubTreasury, 4th floor.
Kowloon Government
Offices. 405 Nathan
Road (Market Street
entrance);

(vi) The Kowloon City
SubTreasury, Man Sang
Commercial Building. I
st floor, 348-352 Prince
Edward Road (Corner of
Prince Edward Road and
Junction Road);

(vii) The San Po Kong
Magistracy, 690 Prince
Edward Road:

(viii) The South Kowloon
Magistracy. 38 Gascoigne
Road





(ix) The Kwun Tong Magis

tracy, 6 Tung Yan Street;

(x) The North Kowloon

Magistracy, 292 Tai Po
Road.

Nett, Territories

(xi) The Fanling Magistracy.

Fanling Cross Roads,
Fanling;

(xii) The Tsuen Wan Magis

tracy, 70 Taiho Road,
Tsuen Wan,

(xiii) The Tai Po. Yuen Long,

Tsuen Wan, Sha Tin,
Tuen Mun or North
District Offices..

(xiv) The Tsuen Wan District

Office, Kwai Chung
SubDistrict Headquarters,
Kwai King Building. 31
Kwong Fai Circuit, Kwai
Chung.

These offices receive payments
during the hours of

Monday to Friday 9 a.m. to
4 p.m.

(District Offices and
Magistracies close 1-2

P.M.)

Saturday 9 a.m. to 12 noon

(District Offices close
11,30 a.m.)

2.Cheques. drafts and cashier orders
should be made payable to---Hong
Kong Government--- and crossed.
They should not be made payable to
any individual officer. CASH should
NOT be sent through the post. Post-
dated cheques will not be accepted.

NOTES (Please read carefully

A.Liability for the contravention can
be discharged by presenting this
notice intact and paying the Fixed
Penalty within 21 days of the date
of issue. Payment must be made in
accordance with the Payment
Instructions.

B.A Demand Notice will be issued in
due course. You may ignore the
Demand Notice only if you have
made prior payment on this notice.

C.Failure to pay and to notify the
Commissioner of Police that you
wish to dispute liability may result
in additional penalty being imposed.





PAYMENT BY POST




This form (intact) must accompany
the payment.

It will be returned with a receipt.

If payment is made by post, state the name and address of the person to
whom the receipt should be forwarded



Name: ..............................................................................................
............

A ddress:
..................................................................................................................... It 'I :

............ ....................................

RECEIVED the sum imprinted below -

FORM 2 [reg. 2(2).]


Serial No . ...........................


FIXED PENALTY (TRAFFIC CONTRAVENTIONS) ORDINANCE


(Chapter 237)


NOTICE DEMANDING PAYMENT OF FIXED PENALTY


(Section 15(3))


To: Surname first

of


On at about at

a contravention of


section of the Ordinance was committed for which you, as the


registered owner/driver of motor vehicle No. at the time are liable.



I hereby demand payment of the Fixed Penalty of $140 and inform you that, if

you wish to dispute liability for the contravention, you should inform me.





You are required
(a) to pay the Fixed Penalty: or


(b) to notify me that you wish to dispute liability for the contravention,

on or before

If you do not pay the Fixed Penalty or notify me that you wish to dispute

liability in accordance with this notice, an application will be made to a magistrate

for an order that you pay the Fixed Penalty, an additional penalty equal to the

Fixed Penalty and costs.

Date:



for Commissioner of
Police.

RECEIVED the sum imprinted below.


P.T.O.

Last Date of Payment/ Notlification of dispute



Please note

1. A notice under section 15(2) of the Ordinance (number


) may already have been served on you in this case. If

you have paid the Fixed Penalty specified by that notice,

should ignore this demand.

11.Payment should be made according to the instructions set

overleaf.

111.This form (intact) must accompany the payment. It will be

returned with a receipt.





PAYMENT INSTRUCTIONS

1. Payment may be made-

(a) BY POST ADDRESSED TO

THE DIRECTOR OF
ACCOUNTING SERVICES,
P.O. BOX 8000, GENERAL
POST OFFICE, HONG
KONQ OR

(b) PERSONALLY OR BY AN

AGENT at any of the follow-
ing offices-

Hong Kong Island

(i) The Treasury, Central
Collection and Payment
Office, Central
Government Offices,
West Wing, 11 Ice
House Street (side
entrance to the Building
in Ice House Street);

(ii) The Causeway Bay
SubTreasury, Causeway
Bay Magistracy Building,
2nd floor, 20 Electric
Road;

(iii) The Causeway Bay
Magistracy. 20 Electric
Road

(iv) The Western Magistracy,
1 Arbuthnot Road.

Kowloon

(v) The Yaumati
SubTreasury, 4th floor,
Kowloon Government
Offices, 405 Nathan
Road (Market Street
entrance);

(vi) The Kowloon City
SubTreasury. Man Sang
Commercial Building,
1st floor, 348-352
Prince Edward Road
(Corner of Prince
Edward Road and
Junction Road);

(vii) The San Po Kong
Magistracy, 690 Prince
Edward Road.

(viii) The South Kowloon
Magistracy, 38 Gascoigne






Road;

(ix)The Kwun Tong
Magistracy, 6 Tung Yan
Street;

(x)The North Kowloon
Magistracy, 292 Tai Po
Road.

New Territories

(m) The Fanling Magistracy,
Fanling Cross Roads,
Fanling,

(xii)The Tsuen Wan
Magistracy, 70 Taiho
Road. Tsuen Wan,





(xiii).The Tai Po, Yuen Long,
Tsuen Wan, Sha Tin,
Tuen Mun or North
District Offices;

(xiv) The Tsuen Wan District
Office. Kwai Chung
SubDistrict Headquarters,
Kwai King Building. 31
Kwong Fai Circuit, Kwai
Chung.

These offices receive payments
during the hours of

Monday to Friday 9 a.m. to
4 p.m.

(District Offices and

Magistracies close 1-2

p.m.)

Saturday 9 a.m. to 12 noon

(District Offices close

11. 30 a.m.)

2.Cheques, drafts and cashier orders
should be made payable to---Hong
Kong Government- and crossed.
They should not be made payable to
any individual officer. CASH should
NOT be sent through the post. Post-
dated cheques will not be accepted.

Inquiries

For inquiries about this notice.

act the Central

please contact

Traffic Prosecutions Office
(Tel.: 5-8329282)

NOTES FOR THOSE WHO WISH
TO DISPUTE LIABILITY:

1.You may notify me, if you wish
to dispute liability for the
contravention, by signing the
form appended below and
delivering it to me on or before
the last date for notification of
dispute.

2.If you notify me that you wish
to dispute liability for the
contravention. the matter will
be determined by a magistrate
on complaint in accordance
with the Ordinance and you will
be served with a summons in
due course.

3.If. having notified me that you
wish to dispute liability for the
contravention. you do riot
appear in court to answer the
summons or. having appeared,
you offer no defence or a
defence which is frivolous or
vexatious. you are liable to the
Fixed Penalty, an additional
penalty equal to the Fixed
Penalty and costs.





FIXED PENALTY (TRAFFIC CONTRAVENTIONS) ORDINANCE


(Chapter 237)


NOTIFICATON TO COMMISSIONER OF POLICE OF WISH

TO DISPUTE LIABILITY FOR CONTRAVENTION


(Section 15(3))



To: The Commissioner of Police
Traffic Wing
Sun Hung Kai Centre, 20th floor,
30 Harbour Road, Hong Kong

Take notice that I wish to dispute liability for the c=ention specified in your

notice (details given overleaf) issued under section 15(3) of the Fixed Penalty

Contraventions) Ordinance.

Signature



FORM 3 [reg. 4(1)]

FIXED PENALTY (TRAFFIC CONTRAVENTIONS) ORDINANCE
(Chapter 237)

CERTIFICATE OF POSTING OF NOTICE
(Section 15(6))

This is to certify that

on the day of a Notice under section 15(3) of

the Fixed Penalty (Traffic Contraventions) Ordinance was posted. The particulars
of the Notice are as follows-

Serial No.: Date of Notice:
Name of Addressee:
Address:

Date:

.............................
for Commissioner of police


...................
(Full name in block letters)





FORM 4 [reg. 4(2).]

FIXED PENALTY (TRAFFIC CONTRAVENTIONS) ORDINANCE

(Chapter 237)

CERTIFICATE OF POSTING OF SUMMONS

(Section 17(2))

This is to certify that

on the day of a Summons issued by the magistrate

sitting in the Magistrate's Court at was

posted. The particulars of the Summons areas follows-

Serial No.: Date of Summons:

Name of Defendant:

Address:

Date:

....... 1

for Commissioner of Police.

.......................................................

(Full name in block letters)

FORM 5 [reg. 4 (3).]

FIXED PENALTY (TRAFFIC CONTRAVENTIONS) ORDINANCE

(Chapter 237)

CERTIFICATE OF IDENTITY OF REGISTERED OWNER,
REGISTERED ADDRESS AND NON-PAYMENT OF
FIXED PENALTY

(Section 21(1))

This is to certify that

(a)......*on the .....day of ......at about .... the

registered owner of motor vehicle registration mark .......................................

was
.....................................................................................................................

(b) ton the ....................day of the registered address of such
person was ........................... ;
(c) ++on the ...................day of the registered address of such
person was ........................... ;

(d) before the .............................. day of no payment was made of the

fixed penalty in respect of the contravention specified in Notice No .
..................







dated the .........................day of under section 15(3) of the Fixed

Penalty (Traffic Contraventions) Ordinance; and

(e)............before the ............day of such

person had not notified the Commissioner of Police that he wished to dispute
liability for the said contravention.

Date ....................................

* ' ---* .............

Commissioner of Police

..............................................................
.

(Full name in block letters)

Insert date and time of the contravention to which the proceedings relate. Insert date on which notice
under section 15(3) in respect of such contravention was posted. Insert date on which summons under
section 17([ Yin respect of such proceedings was posted.

Insert last date of payment specified in the notice under section 15(3),





FORM 6 [reg. 5.]


FIXED PENALTY (TRAFFIC CONTRAVENTIONS) ORDINANCE



(Chapter 237)

APPLICATION FOR CERTIFICATE OF CLEARANCE

(Section 22(4)(b))

To: The Commissioner for Transport,
Hong Kong.

Dear Sir,

*I am [I intend to become] the new owner of motor vehicle registration

mark ......I hereby apply under regulation 5 of the Fixed Penalty

(Traffic Contraventions) Regulations for a Certificate of Clearance under section
22(4)(b) of the Fixed Penalty (Traffic Contraventions) Ordinance in respect of
the motor vehicle.

Yours faithfully,

Date ....................................

(Signature)
...............................................

Name: (In block letters)


Address: (in block letters)
......................

Delete whether is inapplicable.

FORM 7 [reg. 5.]


FIXED PENALTY (TRAFFIC CONTRAVENTIONS) ORDINANCE


(Chapter 237)

CERTIFICATE OF CLEARANCE


(Section 22(4)(b))


This is to certify that no notice of a valid order under section 22(2)(b) of the
Fixed Penalty (Traffic Contraventions) Ordinance appears in my records in
respect of motor vehicle registration mark ....................................





Issued on the .........day of 19 at a.m./p.m.


111.1 T/ F If v ft

Date ....................................


.................................
Commissioner for Transport.



... ............... .

(Full name in block letters)



Note: This certificate remains valid for not more than 72 hours from the time of
issue. No general holiday will be taken into account in computing the period
of 72 hours.

L.N. 93/70. L.N. 72/71. L.N. 78/71. L.N. 109/71. L.N. 129/71. L.N. 31/73. 4 of 1975. L.N. 16/77. L.N. 3/79. L.N. 296/79. L.N. 110/81. L.N. 38/83. L.N. 90/84. L.N. 252/84. Citation. Notices under section 15. Schedule, Form 1. Schedule, Form 2. L.N. 31/73. Payment of fixed penalty. L.N. 16/77. L.N. 3/79. Certificates under sections 15, 17 and 21. Schedule, Form 3. Schedule, Form 4. Schedule, Form 5. Certificate under section 22(4)(b). Schedule, Form 6. Schedule, Form 7. L.N. 3/79. L.N. 110/81. L.N. 38/83. L.N. 252/84. L.N. 90/84. L.N. 90/84. L.N. 90/84.

L.N. 93/70. L.N. 72/71. L.N. 78/71. L.N. 109/71. L.N. 129/71. L.N. 31/73. 4 of 1975. L.N. 16/77. L.N. 3/79. L.N. 296/79. L.N. 110/81. L.N. 38/83. L.N. 90/84. L.N. 252/84. Citation. Notices under section 15. Schedule, Form 1. Schedule, Form 2. L.N. 31/73. Payment of fixed penalty. L.N. 16/77. L.N. 3/79. Certificates under sections 15, 17 and 21. Schedule, Form 3. Schedule, Form 4. Schedule, Form 5. Certificate under section 22(4)(b). Schedule, Form 6. Schedule, Form 7. L.N. 3/79. L.N. 110/81. L.N. 38/83. L.N. 252/84. L.N. 90/84. L.N. 90/84. L.N. 90/84.

https://oelawhk.lib.hku.hk/items/show/2940

1964

v16

237

13