Hong Kong Regulations

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