FIXED PENALTY (CRIMINAL PROCEEDINGS) ORDINANCE

FIXED PENALTY (CRIMINAL PROCEEDINGS) ORDINANCE

LAWS OF HONG KONG

FIXED PENALTY (CRIMINAL PROCEEDINGS)

ORDINANCE

CHAPTER 240





CHAPTER 240

FIXED PENALTY (CRIMINAL PROCEEDINGS) ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page
PART I

PRELIMINARY

1. Short title ..........................2
2. Interpretation .......................2

PART 11

FIXED PENALTY

3. Fixed penalty ........................3
3A. Recovery of fixed penalty in certain circumstances 4
3B. Review of proceedings ...............5
4. Withdrawal of fixed penalty notices ..6
5. Service of summons ...................6
6. Proceedings in absence of defendant ..7
7. Proof in absence of defendants .......7
8. Evidence by certificate ..............7
9. Payment of fixed penalty after issue of summons 8
9A. Additional penalty in proceedings on complaint 8
10. Effect of non-payment of fines ......8
10A. Distress in default of payment under section 3A order 10

PART 111

GENERAL

11. Power to make regulations ...........10
12. Amendment of Schedule ...............11

Schedule..................................Offence
........................................................................................................... 11





CHAPTER 240

FIXED PENALTY (CRIMINAL PROCEEDINGS)

To provide for a fixed penalty to be payable for various offences, and for purposes
connected therewith.

[1Novemberl976] L.N.257of1976

Originally 64 of 1974-57 of 1976, L.N. 16 of 1977,79 of1979, L.N. 279 of 1979,57 of 1981,12
of 1984,57of 1984, L.N. 172of 1984, R.Ed. 1984, L.N. 162of 1986, L.N. 47of 198

PART 1

PRELIMINARY

1. Short title

This Ordinance may be cited as the Fixed Penalty (Criminal Proceedings)

Ordinance.

2. Interpretation

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

'Commissioner' means the Commissioner for Transport;

'driver' means, in relation to a motor vehicle, any person who is in charge of or
assisting in the control of such vehicle;

'fixed penalty' means, in relation to a scheduled offence, the fixed penalty set out
opposite thereto in the fourth column of the Schedule;

'motor vehicle' means any mechanically propelled vehicle intended or adapted for
use on roads, but does not include any conveyance for use solely or railways
or tramways;

'police officer' includes a member of the Royal Hong Kong Auxiliary Police Force;

'proceedings' means criminal proceedings in any court in respect of a scheduled
offence;

'registered address' means

(a)in relation to a registered owner, the address that appears, in respect
of any motor vehicle registered in his name, in the register of motor
vehicles kept by the Commissioner in accordance with regulations
made under the Road Traffic Ordinance (Cap. 374); and





(b)in relation to a driver of a motor vehicle, the address that appears in
respect of the driver in the record of driving licences kept by the
Commissioner in accordance with regulations made under the Road
Traffic Ordinance (Cap. 374);

'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 regulations made under the Road Traffic Ordinance (Cap. 374)
is affixed, the person to whom the relevant trade licence or permit is
issued under those regulations;

'scheduled offence' means an offence the general nature of which is described

in the second and third columns of the Schedule.

(2) The short descriptions in the third column of the Schedule indicate for
convenience of reference only the general nature of the offences under the
provisions specified in the second column of the Schedule.

PART 11

FIXED PENALTY

3. Fixed penalty

(1) If a police officer has reason to believe that a person is committing or has
committed a scheduled offence, he may give that person a notice in the prescribed
form offering that person an opportunity to discharge any liability to conviction for
that offence by payment of the fixed penalty therefor at any place specified in the
notice.

(2) A notice under subsection (1) shall be given by the police officer to the
person concerned

(a) by delivering it personally to that person; or

(b)by fixing it to the vehicle used or involved in the commission of the
offence:

Provided that the operation of this section, section 3A and section 5 shall not
be affected by a failure to comply with this subsection. (Added 57 of 1981 s.2)

(3) Subject to subsection (4), where the Commissioner of Police is of the
opinion that a person alleged to be guilty of a scheduled offence ought to be
proceeded against under this Part in respect thereof, he shall, as soon as practicable
after the commission of the offence, serve on that person a notice

(a) demanding payment of the fixed penalty; and





(b)informing the person that if he wishes to dispute liability for
the offence, he should so notify the Commissioner of Police.
(Amended 57 of 1981 s. 2)
(4) A notice under subsection (3) shall be served within 1 month of the
commission of the offence:
Provided that where the identity or address of the person to be served is
not ascertained within 7 days after the commission of the offence, the notice
may be served not more than 6 months after the commission of the offence.
(5) A notice under subsection (3) shall be served by sending it by post to
the registered address of the person to be served.
(6) A notice under subsection (3) shall be in the prescribed form and shall
state that the person on whom it is served is required-
(a) to pay the fixed penalty; or
(b)to notify the Commissioner of Police that he wishes to dispute
liability for the offence,
within 21 days after the date of the notice. (Replaced 57of 1981s. 2)
(7) Where a notice under subsection (3) is served on any person, no
proceedings shall be taken against that person in respect of the offence specified.
in the notice until the expiry of 21 days after the date of the notice.
(8) Subject to section 4, where a person has received a notice under
subsection (1) or (3) and has paid the full amount of the fixed penalty shown in
the notice, he shall not be liable to be prosecuted or convicted for the scheduled
offence specified in the notice.

3A. Recovery of fixed penalty in certain circumstances

(1) Where a person on whom a notice under section 3(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 offence,
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.
(2) Where an order is made under subsection (1) the magistrate shall
cause notice of the order to be served on the person to whom the order relates.
(3) Notice of the order made under subsection (1) may be served by
sending it by post to the registered address of the person to be served.
(4) If the person against whom an order has been made under subsection
(1) fails to pay the amount of the fixed penalty and additional penalty, he shall,
for the purposes of section 68 of the Magistrates Ordinance (Cap. 227), be
deemed to have failed to have paid a sum adjudged to be paid by a conviction
and shall be liable to be imprisoned under that section.





(5) Where a person against whom an order under subsection (1) has been
made, pays the full amount of the fixed penalty and additional penalty shown in the
order, he shall not be liable to be prosecuted or convicted for the scheduled ofrence
to which the order relates. (Amended 12 of 1984 s. 3)

(6) 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.

(Added57of 1981s. 3)

3B. Review of proceedings

(1) Where a magistrate is satisfied that the notice mentioned in section 3(3) has
not come to the personal notice of the person to whom it is addressed 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 3A(1) and

(a) if that person wishes to dispute liability for the offence, give leave

to that effect; or

(b) if he does not wish to dispute liability

(i) order him to pay the fixed penalty within 21 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 12 of 1984 s. 3)

(2) Any 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 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 3A(1) came to the personal notice of the person to whom that
order relates. (Added 12 of 1984 s. 3)

(4) Where the person against whom an order is made under subsection (1)(b)
fails to pay the amount of the fixed penalty and the additional penalty, he shall, for
the purposes of section 68 of the Magistrates Ordinance (Cap. 227), be deemed to
have failed to have paid a sum adjudged to be paid by a conviction and shall be
liable to be imprisoned under that section. (Added 12 of 1984 s. 3)

(5) 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. (Added 12 of 1984s.3)





(6) 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 of the date of that order. (Added 12 of 1984s.3)

(Added 5 7 of 1981 s. 3)

4. Withdrawal of fixed penalty notices

(1) Where a notice under section 3(1) or (3) has been served on any person, the
Commissioner of Police may, at any time before the commencement of proceedings
against that person in respect of the scheduled offence specified in the notice, and
whether or not an order under section 3A(1) 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 12 of 1984 s. 4)

(2) Where a notice under section 3(1) or (3) has been withdrawn under this
section and any sum of money has been paid pursuant to that 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. (Amended L.N. 16 of 1977)

(3) The withdrawal of a notice under section 3(1) or (3) shall not be a bar to any
proceedings in respect of the scheduled offence specified in the notice.

5. Service of summons

(1) Where

(a)a person fails to pay the fixed penalty in accordance with a notice
served on him under section 3(3); and

(aa) he notifies the Commissioner of Police that he wishes to dispute
liability for the offence or he is given leave under section 3B(1)(a);
and (Added57of 1981s.5. Amended12of 1984s. 5)

(b)proceedings are taken against him in respect of the scheduled offence
specified in the notice,

then, notwithstanding section 8 of the Magistrates Ordinance (Cap. 227), a
summons issued in those proceedings may be served on the person named therein
by sending it by post to the registered address of that person.

(2) Upon the production by the prosecution of

(a)a certificate of posting of that summons under section 29 of the
Evidence Ordinance (Cap. 8); and

(b) a certificate under section 8,

it shall, subject to section 6(2), be conclusively presumed that the summons
under subsection (1) to which the certificates relate was duly served.





6. Proceedings in absence of defendant

(1) If a person served with a summons under section 5 does not appear before
the court at the time and place required by the summons and service is proved
under section 5(2), the court may hear and determine the case in the absence of the
defendant.

(2) For the purposes of subsection (1), a summons shall be deemed not to have
been served unless service was effected at a reasonable time before the time
appointed in the summons for the appearance of the defendant before the court.

7. Proof in absence of defendants

(1) Notwithstanding any provisions of the Magistrates Ordinance (Cap. 227), in
any application under section 3A(1) or in any proceedings heard under section 6 in
the absence of the defendant, an order under section 3A(1) shall be made upon, or
the substance of the offence may be proved by, the production by the applicant or
the prosecution of

(a)a copy of the notice served under section 3(3) and a certificate of
posting of that notice under section 29 of the Evidence Ordinance
(Cap. 8); and

(b) a certificate under section 8.

(2) Where, in any proceedings heard under section 6, a person is convicted, the
court shall cause notice of the conviction to be served on that person.

(3) Notice of the conviction may be served by sending it by post to the
registered address of the person to be served.

(Replaced 5 7 of 1981 s. 6)

8. Evidence by certificate

A certificate in the prescribed form stating

(a)that the person specified in it was at the time so specified either the
registered owner of the vehicle, or the holder of the driving licence,
so specified;

(b)that the address specified in it was at the time so specified the
registered address of such person;

(c)that payment of the fixed penalty in respect of the scheduled offence
was not made before the date specified in the certificate; and

(d)in the case of an application under section 3A(1) 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 offence,(Added57of 1981s. 7)





and purporting to be signed by or on behalf of the Commissioner of Police shall be
admitted in any proceedings, or in any application under section 3A(1) on its
production without further proof and

(i) until the contrary is proved, the court shall presume that the
certificate was so signed; and

(ii) the certificate shall be prima facie evidence of the facts stated therein.

(Amended 5 7 of 1981 s. 7)

9. 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 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 57 of 1981 s. 8; 5 7 of 1984 s. 2)

(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). (Added57of 1984s. 2)

9A. Additional penalty in proceedings on complaint

Where a person, having notified the Commissioner of Police, in accordance
with a notice under section 3(3), that he wished to dispute liability for a scheduled
offence or having been given leave under section 3B(1)(a); and having been served
with a summons, does not appear before the court or, having appeared, offers no
defence or a defence which is frivolous or vexatious, the magistrate shall, in
addition to any other penalty and costs, impose an additional penalty equal to the
amount of the fixed penalty for that offence.

(Added57of 1981s. 9. Amended12of 1984s. 6)

10. Effect of non-payment of fines

(1) Where

(a)proceedings are taken against a person who failed to pay the fixed
penalty in accordance with a notice served on him under section 3(3)
and that person is convicted of the offence specified in the notice but
fails to pay immediately the fine imposed, any





additional penalty imposed under section 9A and any costs ordered
to be paid under the Magistrates Ordinance (Cap. 227); or

(b)a person fails to pay immediately the fixed penalty and the additional
penalty which, under section 3A(1) he was ordered to pay; or

(c)a person fails to pay within 21 days the fixed penalty and the
additional penalty which, under section 3B(1)(b), he was ordered to
pay, (Added 12 of 1984 s. 7)

the Commissioner shall, notwithstanding anything in the Road Traffic Ordinance
(Cap. 374)

(i) refuse to issue a driving licence to that person or refuse to renew his
driving licence;

(ii) in respect of any motor vehicle of which the defendant is the
registered owner, 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 refuse to license the motor vehicle under
regulation 21(3), (5) or (6) of the regulations. (Replaced 57of 1981s.
10)

(2) Subsection (1) shall cease to have effect if

(a)such person produces to the Commissioner a receipt or other
evidence to prove that the fine, costs and any additional penalty, or
fixed penalty and additional penalty, as the case may be, have been
paid;

(b)such person serves any sentence of imprisonment imposed on him
by the court in default of payment of the fine, costs and any
additional penalty, or fixed penalty and additional penalty, as the
case may be; or

(c)such person's conviction is quashed on appeal. (Amended57of
1981s.10)

(3) Subsection (1)(ii) shall cease to have effect in respect of a motor vehicle
which has been sold or otherwise disposed of by such person if the purchaser of
the motor vehicle is, at the time of delivery to the Commissioner of notice of transfer
of ownership in accordance with regulations made under the Road Traffic Ordinance
(Cap. 374), in possession of a certificate in the prescribed form issued by the
Commissioner to the effect that no such fine or costs are unpaid by such person.

(4) A certificate issued under subsection (3) shall be valid for not more than 72
hours from the time of issue.

(5) Where a person

(a)having been convicted of a scheduled offence and having failed to
pay any fine, additional penalty and costs imposed; or





(b)having been ordered, under section 3A(1) to pay the fixed penalty and
any additional penalty and having failed to pay such penalties; or

(c)having been ordered, under section 3B(1)(b), to pay the fixed penalty
and additional penalty and having failed to pay such penalties, (Added
12 of 1984 s. 7)

is sentenced to imprisonment by virtue of section 68 of the Magistrates Ordinance
(Cap. 227), that person shall 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 subsection (1), shall be deemed to be a fine imposed on conviction.
(Added57of 1981s. 10)

10A. Distress in default of payment
under section 3A order

(1) If a person who has been ordered under this Ordinance to pay any fixed
penalty fails within 1 month of the date of the order to pay that penalty or any
additional penalty payable under this Ordinance, an application may be made in the
absence of that person to a magistrate for an order directing that

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

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

(c) the costs of the application for an order under this section, 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 order 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 10(1) shall be
treated as if it were a penalty ordered to be paid under this Ordinance.

(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.

(Added57of 1981s. 11. Amended12of 1984s. 8)

PART 111

GENERAL

11. 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 may be paid;

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

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

(e) generally for the better carrying out of the provisions of this
Ordinance.

12. Amendment of Schedule

The Legislative Council may, by resolution, amend the Schedule.

SCHEDULE [ss. 2 & 121

OFFENCE

Section or Fixed
Item Regulation Description Penalty
Road Traffic Ordinance (Cap. 374)

1. Section 41 Driving in excess of speed limit by 15 km/h or less $200
2. Section 41 Driving in excess of speed limit by more than 15
km/h, other than where item 2A or 2B applies $280

2A. Section 41 Driving in excess of speed limit by more than 30
km/h, other than where item 2B applies $280
2B. Section 41 Driving in excess of speed limit by more than 45
km/h $280

3. Section 42(1) Driving with an expired driving licence $200
4. Section 42(2) Failing to carry driving licence when driving $200
5. Section 43(3) Failing to produce driving licence $200
6. Section 52(1) Driving unlicensed vehicle $280
7. Section 52(8) Driving a private car which is carrying goods
weighing more than 200 kg $200
8. Section 52(9) Contravening condition of a vehicle licence $280

Road Traffic (Traffic Control) Regulations (Cap. 374 sub.leg.)

9. Regulation 10(1) Unlawfully entering box junction $200
10. Regulation 11 (1) Crossing continuous double white line or white line
with a broken white line $280
11. Regulation 14(5) Driving in prohibited zone $280
12. Regulation 14(6) Picking up/setting down passengers in restricted zone $280
13. Regulation 14(7) Loading/unloading goods in restricted zone $280
14. Regulation 18 Failing to comply with traffic signals $280
15. Regulation 27(4) Driving on closed road without permit $200





Section or Fixed
Item Regulation Description Penalty
16. Regulation 31 Failing to give precedence to pedestrians on a zebra
crossing $280
17. Regulation 38(2) Failing to stop for school crossing patrol $280
18. Regulation 42(d) 'U' turn causing obstruction $200
19. Regulation 43 Sounding audible warning device unnecessarily $200
20. Regulation 45 Unauthorized stopping at bus stop/public light bus
stand/taxi stand/public light bus stopping place $200
21. Regulation 47(1)(a) Driving without necessary lights illuminated $200
22. Regulation 47(1)(b) Light other than permitted illuminated lights
and (c) showing to rear $200
23. Regulation 53(3) Excess passengers $280
24. Regulation 54 Overloading 5450
25. Regulation 57 Insecure load $280
26. Regulation 59 Failing to comply with traffic signs $280
27. Regulation 59 Failing to comply with road markings $280

Road Traffic (Construction and Maintenance of Vehicles) Regulations (Cap. 374 sub.
leg.)

28. Regulation 5(4) Defective direction indicator $200
29. Regulation 31 (1)(a) Excess smoke or visible vapour $280
30. Regulation 90(2) Defective or inadequate dipping mechanism $200

Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap. 374 sub. leg.)

31. Regulation 8(2) Registration mark not displayed/lit/adequately fitted $200
32. Regulation 18(1) Failing to report change of vehicle particulars $200
33. Regulation 25 Failing to display valid licence $200
Road Traffic (Driving Licences) Regulations (Cap. 374 sub. leg.)
34. Regulation 17(4) Contravening condition of driving licence $200
35. Regulation 30(3)(b) Failing to display 'L' plates $280
36. Regulation 30(4) Contravening condition of learner's driving licence $280

Road Traffic (Safety Equipment) Regulations (Cap. 374 sub.
leg.)

37. Regulation 3(1) Driving motor cycle without protective helmet $200
38. Regulation 7(1)(a) Driving private car without being securely fastened
with scat belt $200
39. Regulation 7(3) Driving private car when front seat passenger not
securely fastened with scat belt $140





Section or Fixed
Item Regulation Description Penalty

Road Traffic (Public Service Vehicles) Regulations (Cap. 374 sub.
leg.)

40. Regulation 35(1)(a) Driver of first or second public light bus at public
light bus stand leaving vehicle $200
41. Regulation 35(1)(b) Driver of first or second public light bus at public
light bus stand not ready/willing to drive from
public light bus stand $200
42. Regulation 35(2)(a) Public light bus driver not moving forward at public
light bus stand $200
43. Regulation 35(2)(b) Public light bus obstructing other public light bus at
public light bus stand $200
44. Regulation 35(2)(c) Public light bus driver at stand not obeying
directions given by police officer/traffic warden $200
45. Regulation 36(2) Taxi driver not moving forward at taxi stand $200
46. Regulation 36(3)(b) Taxi driver at stand accepting fare out of turn $200
47. Regulation 45(1)(d) Driver not taking all reasonable precautions to
ensure safety of passengers of a public bus, public
light bus or taxi $200
48. Regulation 45(1)(h) Stopping public bus, public light bus or taxi longer
than necessary when picking up/setting down
passengers $200
49. Regulation 49(2) Not setting taxi meter to recording position $200

Road Traffic (Safety Equipment) Regulations (Cap. 374 sub.
leg.)

50. Regulation 7A(I)(a) Driving taxi without being securely fastened with
seat belt $200
51. Regulation 7A(I)(a) Driving light bus without being securely fastened
with seat belt $200
*52. Regulation 7A(1)(a) Driving goods vehicle without being securely
fastened with seat belt $200
53. Regulation 7A(3) Driving taxi when front seat passenger under 15
years of age not securely fastened with scat belt $140
54. Regulation 7A(3) Driving light bus when front seat passenger under 15
years of age not securely fastened with seat belt $140
*55. Regulation 7A(3) Driving goods vehicle when front scat passenger
under 15 years of age not securely fastened with
seat belt $140

(Schedule replaced L.N. 47 of1989)

* In operation on 1 January 1990 - see L.N. 47 of
1989.

https://oelawhk.lib.hku.hk/items/show/2949

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