Hong Kong Regulations

HOUSING (TRAFFIC CONTRAVENTIONS) (FIXED PENALTY) BYLAW - SECT 20

Other orders at conclusion of proceedings

(Past version on 30/06/1997).

(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),
               (3A), (4),

(4A) or (5) of the Road Traffic (Registration and Licensing of Vehicles) 
Regulations ( Cap 374 sub. leg. E) 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. (25 of 2005 s. 38)

(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. E),
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)