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[接上页] (ii) the prohibition of the driving and use of such vehicles on such roads as are specified in the regulations except by persons who are holders of such driving licences as are specified in the regulations; and (Added 80 of 1988 s. 7. Amended 89 of 1994 s. 11)(e) (Repealed 89 of 1994 s. 11) (f) generally carrying into effect the provisions of this Ordinance relating to village vehicles.(1A) The Chief Executive in Council may make regulations to provide for the fees to be charged for any village vehicle permit, duplicate village vehicle permit, vehicle examination or any other matter arising under the regulations made under subsection (1) or to which such regulations otherwise relate. (Added 89 of 1994 s. 11. Amended 3 of 2002 s. 15) (2) Where under regulations made under subsection (1) a limit is imposed on the number of village vehicle permits that may be issued, the Commissioner may in his discretion- (a) in issuing any such permit give priority to any person or class of persons; (b) determine by lot any applications for the issue of such permits; (c) limit the number of such permits which may be issued to any persons or class of persons,and shall not be obliged to issue such permits up to the limit so imposed. (3) Fees prescribed under subsections (1) and (1A) may be fixed- (Amended 89 of 1994 s. 11) (a) at levels which provide for the recovery of expenditure incurred or likely to be incurred by the Government in relation generally to the administration of this Ordinance and need not be limited by reference to the amount of administrative or other costs incurred or likely to be incurred in the provision of any particular village vehicle permit, vehicle examination or other matter; and (b) at different levels in relation to different classes, types or descriptions of village vehicle, village vehicle permit, examination or other matter. (Added 31 of 1986 s. 5) Cap 374 s 13 Provision for the Commissioner and others to act and charge fees, and for absolute liability Any regulation made under section 6, 7, 8, 9, 10, 11, 12, 12A or 131 may- (Amended 31 of 1986 s. 6; 71 of 1991 s. 4) (a) empower the Commissioner, the Commissioner of Police, the Director of Highways or the operator to do any of the things or exercise any of the functions specified in such regulation and to charge such fee as may be prescribed by such regulation for the doing of any such thing or the exercise of any such function; (Amended L.N. 127 of 1986; 91 of 1993 s. 3) (b) give power for any person or class of persons, or any vehicle or class or description of vehicles, to be exempted from the application of any regulations made under this Ordinance; (Amended 90 of 1993 s. 3) (c) provide for the absolute liability of owners of public service vehicles regarding the use of their vehicles and of the owners of all vehicles regarding the condition and fitness of their vehicles; and (Amended 90 of 1993 s. 3) (d) provide for the strict liability of owners of goods vehicles and special purpose vehicles regarding the overloading of their vehicles. (Added 90 of 1993 s. 3) Cap 374 s 14 Onus of proof in certain cases (1) Any regulation made under this Ordinance may provide that in any criminal proceedings for a contravention thereof- (a) it shall be for the person accused of such contravention to prove certain facts; or (b) facts shall be presumed, with or without proof of other facts, until the contrary is proved.(2) Any regulation made in exercise of the powers conferred by subsection (1) shall be subject to the approval of the Legislative Council. Cap 374 s 14A Transitional provisions in regulations Remarks: Adaptation amendments retroactively made - see 3 of 2002 s. 15 Any regulation made under this Ordinance may- (a) provide for the continuance in force of any regulations made under the repealed Ordinance with such modifications, adaptations and transitional provisions as the Chief Executive in Council sees fit; and (Amended 3 of 2002 s. 15) (b) provide for the modification, adaptation and transition of any reference in any Ordinance to the repealed Ordinance or any regulations made under the repealed Ordinance. (Added 66 of 1984 s. 3) Cap 374 s 15 Penalties under the regulations Any regulation made under section 6, 7, 8, 9, 10, 11, 12, 12A, 121 or 131 may provide that a contravention thereof shall be an offence, and may provide penalties for such offence not exceeding a fine of $15000 and imprisonment for 9 months. (Amended 31 of 1986 s. 7; 80 of 1988 s. 8; 71 of 1991 s. 5) Cap 374 s 16 Transport Tribunals' panel PART III TRANSPORT TRIBUNALS (1) There shall be a panel from which members of Transport Tribunals may be appointed under this Ordinance. (Amended 89 of 1994 s. 12) (2) The panel shall consist of such persons, not being public officers, as the Secretary for the Environment, Transport and Works may appoint. (Amended L.N. 362 of 1997; 19 of 2004 s. 3) (3) The appointment of any person as a member of the panel shall have effect for not more than 3 years and a member of the panel shall be eligible for reappointment. |