HKLII Hong Kong Regulations

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



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