【法规名称】
【法规编号】 79669 什么是编号？
【正 文】
第2页 CAP 283C HOUSING (TRAFFIC CONTRAVENTIONS) (FIXED PENALTY) BYLAW
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[接上页] (b) subject to paragraph (a), it shall be no defence - (i) that the contravention was committed without the knowledge or consent of the registered owner; or (ii) that at the time the contravention was committed the motor vehicle was driven by or was in charge of a person other than the registered owner. (Enacted 1994) Cap 283C s 8 Notice of fixed penalty (1) If an authorized officer has reasonable cause to believe that a contravention is being or has been committed under section 4, he may give the registered owner of the vehicle concerned or, where section 3(2) applies, the driver liable an opportunity to discharge his liability in respect of that contravention by payment of a fixed penalty. (2) For the purposes of subsection (1) notice in accordance with Form 1 in Schedule 3 shall be delivered personally to the person in charge of the vehicle or fixed on the vehicle. (3) If the fixed penalty is not paid within 21 days after the date of a contravention a notice in accordance with Form 2 in Schedule 3 shall be served on the person liable- (a) demanding payment of the fixed penalty; and (b) informing the person that if he wishes to dispute liability for the contravention he should so notify the Director.(4) Notwithstanding subsection (3), no notice shall be served under that subsection- (a) if the Director is of the opinion that no further proceedings should be taken in respect of the contravention; or (b) after the expiry of 6 months from the date of the contravention.(5) A notice under subsection (3) shall be valid if the name of the Director or a public officer authorized by him is printed or signed thereon. (6) A notice under subsection (3) may be served by sending it by post- (a) where it is directed to a registered owner, to his registered address; or (b) where it is directed to a driver under section 3(2), to the address where the driver normally works.(7) A notice under subsection (3) shall be in such form as may be prescribed and shall state that the person liable is required- (a) to pay the fixed penalty; or (b) to notify the Director that he wishes to dispute liability for the contravention,within 10 days after the date of the notice. (8) A certificate of posting in accordance with Form 3 in Schedule 3 purporting to be signed by or for the Director shall be admitted in evidence without further proof on its production to the magistrate by the complainant and, until the contrary is proved, it shall be presumed that- (a) the certificate is so signed; and (b) the notice under subsection (3) to which the certificate relates was duly served.(9) Notwithstanding subsection (2), the operation of this section or section 11 shall not be affected by a failure to comply with that subsection. (Enacted 1994) Cap 283C s 9 Payment of fixed penalty (1) A person who receives a notice in Form 1 or 2 in Schedule 3 may pay the fixed penalty within the period of time stated in the notice- (a) by post addressed to the Treasury, P.O. Box No. 28000, Gloucester Road Post Office, Hong Kong; (L.N. 43 of 2003) (b) personally or through his agent- (i) at any Post Office other than a post office letter box or a mobile post office; or (L.N. 43 of 2003) (ii) at any magistracy, (L.N. 43 of 2003) (iii) (Repealed L.N. 43 of 2003) specified in the notice; (L.N. 43 of 2003)(c) through any automated teller machine of a bank; (L.N. 43 of 2003) (d) by phone by using the service commonly known as the Payment By Phone Service; or (L.N. 43 of 2003) (e) through the Internet. (L.N. 43 of 2003)(2) A person who wishes to pay the fixed penalty in accordance with subsection (1)(a) or (b) shall deliver the notice to which the payment relates together with the payment in accordance with the payment instructions as set out in the notice. (L.N. 43 of 2003) (3) When any payment is made in accordance with this section, it shall be of the amount specified in the notice or, where payment is made in respect of more than 1 notice, of the total amounts specified in the notices. (4) A payment under subsection (1) shall 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 section, the Director of Accounting Services may return it to the payer. (6) Subject to subsection (5), the Director of Accounting Services shall, whenever practicable to do so, send to the person paying a fixed penalty in accordance with subsection (1)(b) a receipt for the payment. (L.N. 43 of 2003) (7) Subject to section 18 , no payment shall be accepted after the time prescribed in the notice served under section 8(3). (Enacted 1994) Cap 283C s 10 Withdrawal of notice of fixed penalty (1) Where a notice under section 8(3) has been served on any person, the Director may, at any time before the commencement of any proceedings against that person in respect of the contravention specified in the notice and whether or not an order under section 11(2) 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. |
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