Hong Kong Regulations

HOUSING (TRAFFIC CONTRAVENTIONS) (FIXED PENALTY) BYLAW - SCHEDULE 2

SCHEDULED CIRCUMSTANCES

[section 5]

For the purposes of section 5 of this Bylaw and Schedule 1, the circumstances
which may constitute a defence in proceedings for a contravention are as
follows- A. Where a vehicle is being used for operations in connection with
any building or other construction, demolition or excavation, if the vehicle
is parked-

        (i)    in a position as close as possible to the site of the
               operations; and

        (ii)   for a period no longer than is necessary. B. Where a vehicle is
               being used for operations in connection with the removal of any
               obstruction to traffic, the maintenance, improvement or
               reconstruction of any road or the laying, erection, alteration
               or repair in or near to any road of any sewer or main, pipe or
               apparatus for the supply of gas, water or electricity, or of
               any subway, tunnel, telegraph or telephone cables, posts or
               supports, if the vehicle is parked-

        (i)    in a position as close as possible to the site of the
               operations; and

        (ii)   for a period no longer than is necessary. C. Where a
               motor vehicle is being used on a restricted road for the
               purposes of the police, fire services or ambulance services, or
               for the conveyance of public mail, or by the Armed Forces of
               the Crown when any such vehicle is being used as a matter of
               urgent necessity, if compliance with this Bylaw would be likely
               to hinder the use of the vehicle on that occasion for any of
               those purposes. D. Where a public bus, being a bus which is
               being used or is intended to be used to carry passengers at
               separate and distinct fares within Hong Kong or on a recognized
               and predetermined route or for a recognized and predetermined
               purpose in accordance with a right or licence granted by or
               under any enactment-

        (i)    is parked temporarily at any place at or near a turning or
               terminal point provided for that purpose under the
               Public Bus Services  Ordinance ( Cap 230); or

        (ii)   is, with the permission in writing of the Director, parked at a
               terminus between the hours of 11 p.m. and 7 a.m. E. Where
               anything is done with the express permission or by the
               direction of an authorized officer. F. Where a motor vehicle is
               prevented from proceeding by-

        (i)    mechanical breakdown; or

        (ii)   other circumstances beyond the driver's control, and all
               reasonable steps are taken to minimize any obstruction and
               effect the removal of the vehicle as soon as possible. (Enacted
               1994)