【法规名称】
【法规编号】 79669 什么是编号？
【正 文】
第5页 CAP 283C HOUSING (TRAFFIC CONTRAVENTIONS) (FIXED PENALTY) BYLAW
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[接上页] (i) until the contrary is proved, it shall be presumed that the certificate is so signed; (ii) the certificate shall be prima facie evidence of the facts stated therein. (Enacted 1994) Cap 283C s 20 Other orders at conclusion of proceedings (1) If at the conclusion of any proceedings a complaint is dismissed, the magistrate may at the same time make an order for the payment of costs by the complainant of a sum as referred to in subsection (9). (2) If at the conclusion of any proceedings an order for payment of the fixed penalty either with or without an additional penalty is made, the magistrate- (a) may at the same time make an order for the payment of costs by the defendant of a sum as referred to in subsection (9); and (b) shall at the same time make an order directing the Commissioner, for so long as the defendant fails to pay the sum adjudged to be paid - (i) to refuse to issue a driving licence to the defendant or to refuse to renew his driving licence; and (ii) in respect of any motor vehicle of which the defendant is the registered owner, to take no action under regulation 17(3), (4), (4A) 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 to refuse to license the motor vehicle under regulation 21(3), (5) or (6) of those Regulations.(3) An order under subsection (2)(b) shall specify - (a) the name of the defendant; (b) the sum adjudged to be paid.(4) Where an order under subsection (2)(b) is made, the magistrate shall cause notice of the order to be sent to the Commissioner if the sum adjudged to be paid is not paid within 24 hours of the making of the order. (5) An order under subsection (2)(b) shall cease to have effect if the defendant produces to the Commissioner a receipt or other evidence to prove that the sum adjudged to be paid has been paid. (6) An order under subsection (2)(b)(ii) shall cease to have effect if the defendant sells or otherwise disposes of the motor vehicle and the new owner of the motor vehicle is, at the time of delivery of notice of transfer of ownership under regulation 17 of the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap 374 sub. leg.), in possession of a valid certificate issued by the Commissioner in accordance with Form 7 in Schedule 3 to the effect that no notice of a valid order under subsection (2)(b)(ii) appears in the records of the Commissioner in respect of the motor vehicle. (7) An application for a certificate under subsection (6) shall be made to the Commissioner and shall be in accordance with Form 6 in Schedule 3. (8) A certificate issued under subsection (6) shall be valid for not more than 72 hours from the time of issue; but no day which is a general holiday shall be taken into account in computing any such period of 72 hours. (9) The sums which may be ordered by the magistrate for the payment of costs for the purpose of subsections (1) and (2)(a) shall be the same as the sums which may be ordered by a magistrate for the payment of costs for the purpose of section 22(1) and (2)(a) of the Fixed Penalty (Traffic Contraventions) Ordinance (Cap 237) respectively. (Enacted 1994) Cap 283C s 21 Distress in cases of default (1) If a person who has been ordered to pay any sum adjudged to be paid fails within 1 month of the date of the order to so pay, an application may be made in the absence of that person to a magistrate for an order directing that - (a) the sum adjudged to be paid, or where the application for an order under this section is in respect of more than one sum adjudged to be paid, the total of such sums; (b) any additional sum payable under subsection (2); and (c) any subsequent costs in the proceedings including the costs of an application under this section, or where an application for an order under this section is in respect of more than one sum adjudged to be paid, the total of the subsequent costs in all the proceedings,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 application 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 20(2)(b), shall be treated as if it were included in the sum adjudged to be paid. (3) An application under subsection (1) shall be in the name of the Director, who may appoint any person or class of person to make the application. (Enacted 1994) Cap 283C s 22 Recovery of sums paid by registered owner When a registered owner has paid a fixed penalty, an additional penalty or costs, such fixed penalty, additional penalty or costs may be recovered summarily as a civil debt by the registered owner from the person who was driving or in charge of the motor vehicle at the time the contravention was committed. |
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