FIXED PENALTY (CRIMINAL PROCEEDINGS) REGULATIONS

FIXED PENALTY (CRIMINAL PROCEEDINGS) REGULATIONS

FIXED PENALTY (CRIMINAL PROCEEDINGS)
REGULATIONS

(Cap. 240, section 11)

[1November1976] L.N.257of1976

L.N. 204 of 1974 - L.N. 205 of 1975, L.N. 16 of 1977, L.N. 121 of 1977, L.N. 295 of 1979, L.N.
89

of 1984, L.N. 251 of 1984, R. Ed. 1984, L.N. 235 of 1986, L.N. 82 of
1989

1. Citation

These regulations may be cited as the Fixed Penalty (Criminal Proceedings)
Regulations.

2. Notices under section 3

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

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

(3) A notice under section 3(3) of the Ordinance shall be valid if the name of
the Commissioner of Police or a police officer authorized by him is printed or signed
thereon.

3. Payment of fixed penalty

(1) A person who receives a notice under section 3(1) or (3) of the Ordinance
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 subtreasury
specified in the notice;

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

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

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

(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) Where any amount is paid otherwise than in accordance with this
regulation, the Director of Accounting Services may return it to the payer.

(5) Subject to subregulation (4), the Director of Accounting Services shall, as
soon as practicable after payment of a fixed penalty has been made, send to the
person paying a receipt for the payment.

(L.N. 16 of 1977)

4. Certificate under section 8

A certificate under section 8 of the Ordinance shall be in accordance with Form
3 in the Schedule.

5. Certificate under section 10

A certificate under section 10(3) of the Ordinance shall be in accordance with
Form 4 in the Schedule.

SCHEDULE

FORM1 [reg. 2(1)]



FIXED PENALTY (CRIMINAL PROCEEDINGS)
ORDINANCE

(Chapter 240)


NOTICE OF PARTICULARS OF ALLEGED
FIXED PENALTY TRAFFIC OFFENCE

(Section 3(1))



THE DRIVER OWNER OF VEHICLE letters numbers


IS ALLEGED TO HAVE COMMITTED AN OFFENCE





DETAILS OF DRIVER 1 OFFENCE DETAILS
(IF AVAILABLE)
day month year
IDENTITY NO.
DATE

hour minutes numbers




TIME OFFENCE
NUMBER
M. VEHICLE other
Cycle TYPE

(tick one)

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

SURNAME
$450 $280 $200 $140

(1 letter per box from left) FIXED PENALTY

(tick one)

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

A. ROAD B. HOUSE NUMBER

C. ROAD JUNCTION OR OTHER IDENTIFYING FEATURE

1. At the junction with

2. Near junction with

3. Other






day month year letter numbers

DATE OF ISSUE ISSUING OFFICER
Auxiliary Police Officer write 'A' here


LIST OF OFFENCES AND FIXED PENALTY

Code
Number Contrary Fixed
Offence To Penalty

Road Traffic Ordinance (Cap. 374)

1 . Driving in excess of speed limit by 15 km/h or less Section 41 $200

2. Driving in excess of speed limit by more than 15 kmlh, Section 41 $280
other than where Code Number 2A or 2B applies


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


2B. Driving in excess of speed limit by more than 45 km/h Section 41 $280

3. Driving with an expired driving licenceSection 42(1) $200

4. Failing to carry driving licence when driving Section 42(2) 5200

5. Failing to produce driving licence Section 43(3) $200

6. Driving unlicensed vehicle Section 52(1) $280

7. Driving a private car which is carrying goods weighing Section 52(8) $200
more than 200 kg

8. Contravening condition of a vehicle licence Section 52(9) $280





Code
Number Contrary Fixed
Offence To Penalty


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


9. Unlawfully entering box junction Regulation 10(1) $200

# 10. Crossing continuous double white line or white line Regulation $280
with a broken white line 11(1)

11. Driving in prohibited zone Regulation 14(5) $280


12. Picking up/setting down passengers in restricted zone Regulation 14(6) $280


13. Loading/unloading goods in restricted zone Regulation 14(7) $280


# 14. Failing to comply with traffic signals Regulation 18 $280

15. Driving on closed road without permit Regulation 27(4) $200


# 16. Failing to give precedence to pedestrians on a zebra Regulation 31 $280
crossing

# 17. Failing to stop for school crossing patrol Regulation 38(2) $280


18. 'U' turn causing obstruction Regulation 42(d) $200


19. Sounding audible warning device unnecessarily Regulation 43 $200



20. Unauthorized stopping at bus stop/ public light bus Regulation 45 $200
stand/taxi stand/public light bus stopping place

21. Driving without necessary lights illuminated Regulation 47(1)(a) $200







Code

Number Contrary Fixed
Offence To Penalty

22. Light other than permitted illuminated lights showing to Regulation $200
rear 47(1)(b) and (e)

23. Excess passengers Regulation $280
53(3)

24. Overloading Regulation 54 $450

25. Insecure load Regulation 57 $280

26. Failing to comply with traffic signs Regulation 59 $280

27. Failing to comply with road markings Regulation 59 $280

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


* 28. Defective direction indicator Regulation $200
5(4)

* 29. Excess smoke or visible vapour Regulation $280
31(1)(a)

* 30. Defective or inadequate dipping mechanism Regulation $200
90(2)


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


31. Registration mark not displayed/lit/adequately fitted Regulation 8(2) $200


* 32. Failing to report change of vehicle particulars Regulation $200
18(1)

* 33. Failing to display valid licence Regulation 25 $200






Code
Number Contrary Fixed
Offence To Penalty



Road Traffic (Driving Licences) Regulations (Cap. 374 sub.
leg.)


34. Contravening condition of driving licence Regulation $200

17(4)


35. Failing to display 'W plates Regulation $280

30(3)(b)


36. Contravening condition of learner's driving licence Regulation $280
30(4)


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

37. Driving motor cycle without protective helmet Regulation $200

3(1)

38. Driving private car without being securely fastened with Regulation $200
scat belt 7(1)(a)

39. Driving private car when front seat passenger not securely Regulation $140
fastened with seat belt 7(3)

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

40. Driver of first or second public light bus at public light Regulation $200
bus stand leaving vehicle 35(1)(a)

41. Driver of first or second public light bus at public light Regulation $200
bus stand not ready/willing to drive from public light bus 35(1)(b)
stand


42. Public light bus driver not moving forward at public light Regulation $200
bus stand 35(2)(a)






Code
Number Contrary Fixed
Offence TO Penalty

43. Public light bus obstructing other public light bus at Regulation $200
public light bus stand 35(2)(b)

44. Public light bus driver at stand not obeying directions Regulation $200
given by police officer/traffic warden 35(2)(c)

45. Taxi driver not moving forward at taxi stand Regulation $200
36(2)

46. Taxi driver at stand accepting fare out of turn Regulation $200
36(3)(b)

47, Driver not taking all reasonable precautions to ensure Regulation $200
safety of passengers of a public bus, public light bus or 45(1)(d)
taxi

48. Stopping public bus, public light bus or taxi longer than Regulation $200
necessary when picking up/setting down passengers 45(1)(b)

49. Not setting taxi meter to recording position Regulation $200
49(2)


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



50. Driving taxi without being securely fastened with seat belt Regulation $200
7A(I)(a)


51. Driving light bus without being securely fastened with Regulation $200
seat belt 7A(I)(a)

**52. Driving goods vehicle without being securely fastened Regulation $200
with seat belt 7A(I)(a)

53. Driving taxi when front scat passenger under 15 years of Regulation $140
age not securely fastened with seat belt 7A(3)


In operation on 1 January 1990 - see L.N. 82 of
1989.





Code
Number Contrary Fixed
Offence To Penalty


54. Driving light bus when front seat passenger under 15 Regulation $140

years of age not securely fastened with seat belt 7A(3)


**55. Driving goods vehicle when front scat passenger under 15 Regulation $140
years of age not securely fastened with seat belt 7A(3)


Offences marked with # carry 3 driving-offence

Offence marked with! carries 5 driving-ofrence
points.

Offence marked with carries 8 driving-offence
points.

Vehicle Owners liable for offences marked with
asterisk.

NOTES (Please read carefully)

A. The Code Number refers to the item number shown in the first column of the Schedule
to the Fixed Penalty (Criminal Proceedings) Ordinance.


B.Liability for the ofrence can be discharged by presenting this notice intact at any of the
specified payment centres, and paying the Fixed Penalty within 21 days of the date of issue.
Write your name and address in the space provided when paying by post to enable a receipt
to be returned to you.

C.A Demand Note quoting the number of this notice, on which payment may be similarly
made, will be sent in every case, whether or not payment has already been received.

D. Failure to pay may result in the institution of court proceedings.

**In operation on 1 January 1990 - see L.N. 82 of
1989.





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
KONG; OR

(b)PERSONALLY OR BY AN
AGENT at any of the following
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), Hong Kong;

(ii) The North Point Sub-Treasury,
Odeon Building, I st floor, 28
Shu Kuk Street, Hong Kong;

(iii) The Central Magistracy, Wan
Chai Tower 1, 12 Harbour Road;

(iv) The Western Magistracy, 2A
Pok Fu Lam Road.

Kowloon

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

(vi) The Kowloon City Sub-
Treasury, 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,
Kwun Tong Lawcourts, 10
Lee Yue Mun Road;

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





PAYMENT INSTRUCTIONS

New Territories

(xi) The Fanling Magistracy,
Fanling Cross Roads, Fanling;

(xii) The Tsuen Wan
Magistracy, 70 Tailto
Road, Tsuen Wan;

(xiii) The Shatin Magistracy, I,Yi
Ching Lane, Shatin;
(xiv) The Tuen Mun Magistracy,
1 Tuen Hi Road, Tuen Mun;
(xv) The District Office at Sai Kung,

Sha Tin, Tai Po, North, Yuen -
Long, Tuen Mun, Tsuen Wan or
Kwai Tsing.

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.



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



Name
..................................................................................................................................



Adress
.................................................................................................................................


(L.N. 82 of 1989)





FORM 2 [reg. 2(2))



FIXED PENALTY (CRIMINAL PROCEEDINGS) ORDINANCE
(Chapter 240)

NOTICE DEMANDING PAYMENT OF FIXED PENALTY

(Section 3(3))


To: Surname first

On at about at
a traffic offence was
committed for which you, as the of motor vehicle
are alleged to be liable.
The offence is listed at item of the Schedule to the Ordinance,

namely

I hereby demand payments of $ which is the Fixed Penalty for this

offence and inform you that, if you wish to dispute liability for the offence, 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 offence,

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:



(Chief Inspector of
Police) for Commissioner
of Police.



RECEIVED the sum imprinted below.

P.T.O.


Last Date for Payment/Notification of Dispute T.A.S.K.


Please note:

I. A notice under section 3(1) 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, you should ignore this
demand.

II. Payment should be made according to the instructions set out
overleaf.

III. This form (intact) must accompany the payment. It will be returned with a
receipt.

Law -

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
KONG; OR
(b) PERSONALLY OR BY AN
AGENT at any of the following
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 Sub-
Treasury, 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 Sub-Treasury, 4th
floor, 405 Nathan Road
(Market Street entrance);

(vi) The Kowloon City Sub-
Treasury, 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

(xi) The Fanling Magistracy,
Fanling Cross Roads, Fanling;

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

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

(xiv) Kwai Chung Sub-District
Headquarters, 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.

Enquiries:

For enquiries about this notice, please
contact the Central Traffic
Prosecutions Office (Tel.: 832 9215)

NOTES FOR THOSE WHO WISH
TO DISPUTE LIABILITY:

1 .You may notify me, if you wish to
dispute liability for the offence, by
signing the forTn 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 offence, the matter will
be determined by a magistrate on
information 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 offence, you do
not 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 (CRIMINAL PROCEEDINGS)
ORDINANCE

(Chapter 240)

NOTIFICATION TO COMMISSIONER OF POLICE OF WISH

TO DISPUTE LIABILITY FOR OFFENCE

(Section 3(3))
To: The Commissioner of Police
Traffic Headquarters
Sun Hung Kai Centre, 20th floor,
30 Harbour Road, Hong Kong.

Take notice that 1 wish to dispute liability before a magistrate for the offence specified in
notice (details given overleaf) issued under section 3(3) of the Fixed Penalty (Criminal
Proceedings)
Ordinance.

Signature



(L.N. 89 of 1984; L.N. 82 of 1989)

FORM 3 [reg. 4]

FIXED PENALTY (CRIMINAL PROCEEDINGS)
ORDINANCE

(Chapter 240)

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

(Section 8)

This is to certify that-

A. On the at about 1 the

registered owner of the motor vehicle bearing registration mark was-

B. On the the registered address of the person
specified at A above was-
C. On the the holder of driving licence
number was-
D. On the the registered address of the person
specified at C above was-





E. On the the registered address of the person
specified at above was-

F. Before the full payment of the
Fixed Penalty in respect of the ofrence shown at item
in the Schedule to the Fixed Penalty (Criminal Proceedings) Ordinance specified in a notice
under section 3(3) of the Ordinance, bearing the number and dated
was not made.

G.Before the the person specified
at above had not notified the Commissioner of
PoEce that he wished to dispute liability for the ofrence specified at F above.


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

..................
(Full Name)
for Commissioner of Police.

(L.N. 89 of 1984)

FORM 4 [reg. 5]

FEUD PENALTY (CRMNAL PROCEEDINGS) ORDINANCE

(Chapter 240)

CERTIFICATE OF CLEARANCE

(Section 10(3))

This is to certify that there are no fines or costs unpaid by
................................................................. the registered owner of motor vehicle
registration mark ....................................................................

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


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



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



NOTE: This certificate remains valid for not more than 72 hours from the time of
issue.

https://oelawhk.lib.hku.hk/items/show/2950

1964

v16

240

17