【法规名称】
【法规编号】 79669 什么是编号？
【正 文】
CAP 283C HOUSING (TRAFFIC CONTRAVENTIONS) (FIXED PENALTY) BYLAW
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(Cap 283 section 30) [1 June 1994] L.N. 282 of 1994 (L.N. 157 of 1994) Cap 283C s 1 Omitted as spent PART I PRELIMINARY (Omitted as spent) (Enacted 1994) Cap 283C s 2 Interpretation In this Bylaw- "authorized officer" (获授权人员) means any public officer or class of public officer authorized by the Authority for the purpose of this Bylaw; "car park pass" (停车场通行证) has the same meaning as in the Housing (Traffic) By-laws (Cap 283 sub. leg.); "Commissioner" means the Commissioner for Transport; "contravention" (违反、违例事项) means a contravention of any of the provisions of section 4; "Director" (署长) means the Director of Housing; "driver" (司机), in relation to a motor vehicle, means any person who is in charge of or assisting in the control of it; "fixed penalty" (定额罚款) means the penalty prescribed by section 6; "motor vehicle" (汽车) means any mechanically propelled vehicle; "parking" (泊车、停泊) has the same meaning as in the Housing (Traffic) By-laws (Cap 283 sub. leg.); "parking space" (泊车位) has the same meaning as in the Housing (Traffic) By-laws (Cap 283 sub. leg.); "proceedings" (法律程序) means proceedings before a magistrate under section 11(1) or (2); "registered address" (登记地址) means the address of a registered owner which appears, in respect of any motor vehicle registered in his name, in the register of vehicles maintained by the Commissioner under regulation 4(1) of the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap 374 sub. leg.); "registered owner" (登记车主) means- (a) the person in whose name a motor vehicle is registered in accordance with the Road Traffic Ordinance (Cap 374); and (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;"road marking" (道路标记) has the same meaning as in the Housing (Traffic) By-laws (Cap 283 sub. leg.); "sign" (标志) has the same meaning as in the Housing (Traffic) By-laws (Cap 283 sub. leg.); "sum adjudged to be paid" (被判决须付的款项) means any sum ordered by a magistrate to be paid in any proceedings and any costs awarded against the defendant under section 20. (Enacted 1994) Cap 283C s 3 Application to the State Remarks: Adaptation amendments retroactively made - see 44 of 2000 s. 3 (1) This Bylaw shall apply to motor vehicles owned by the State and to persons in the public service of the State. (2) Where a contravention is committed in respect of a motor vehicle owned by the State the person liable for the fixed penalty shall be the driver of the motor vehicle at the time the contravention is committed. (Enacted 1994. 44 of 2000 s. 3) Cap 283C s 4 Parking on restricted roads PART II PROHIBITED ACTS (1) No person shall park any motor vehicle in any place on a restricted road - (a) other than in a parking place; (b) in contravention of any sign or road marking erected or placed at the parking place; or (c) in such a position or in such condition or in such circumstances as to be likely to cause danger to other persons using the road.(2) No person shall park any motor vehicle in a parking place in such a manner that the vehicle unnecessarily projects over any line which divides the space in which the vehicle is parked from any other space. (3) No person shall park any motor vehicle in any parking place the designation of which is suspended or cancelled under by-law 5(4) of the Housing (Traffic) By-laws (Cap 283 sub. leg.). (Enacted 1994) Cap 283C s 5 Defences (1) Without prejudice to any other provision of this Bylaw, in proceedings for a contravention specified in column 1 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 column 2 of Schedule 1. (2) For the purposes of subsection (1) and Schedule 1 "scheduled circumstances" (特定情况) means any of the circumstances set out in Schedule 2. (Enacted 1994) Cap 283C s 6 Fixed penalty PART III FIXED PENALTY There shall be a fixed penalty for a contravention of any of the provisions of section 4 which shall be a sum equal to the fixed penalty under section 13 of the Fixed Penalty (Traffic Contraventions) Ordinance (Cap 237). (Enacted 1994) Cap 283C s 7 Liability of registered owner (1) Subject to section 3(2), the person liable for the fixed penalty under section 6 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 - (a) 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; |
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