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ROAD TRAFFIC (REGISTRATION AND LICENSING OF VEHICLES) REGULATIONS - REGULATION 12F
Determination of application for personalized registration mark
(1) On receipt of a deposit under regulation 12D(1), the Commissioner shall,
in his discretion, determine whether to accept or refuse the application
concerned.
(2) Without prejudice to the generality of the Commissioner’s discretion
under subregulation (1), the Commissioner shall refuse an application if, in
his opinion, the proposed personalized registration mark—
(a) is likely to be offensive to a reasonable person, or has a connotation
offensive to good taste or decency;
(b) refers to any triad title or nomenclature or otherwise has a triad
connotation;
(c) is likely to cause a reasonable person to believe that the motor
vehicle on which the registration mark is displayed belongs to or the
person using the vehicle represents any of the following—
(i) the Hong Kong Garrison or any office set up by the Central
People’s Government in Hong Kong;
(ii) the Government;
(iii) any public body;
(iv) any country or the government of any country; or
(v) an international organization in which the Government
participates in any capacity;
(d) may cause danger to the safety of any user of the road; or
(e) is confusing for the purposes of law enforcement.
(3) If the Commissioner determines that an application shall be refused, he
shall—
(a) notify the applicant in writing of the refusal and the reasons
therefor; and
(b) refund to the applicant the deposit paid by him under regulation
12D(1).
(4) On determining that an application shall be accepted, the Commissioner
shall, subject to subregulation (5), notify the applicant in writing that—
(a) the application is accepted; and
(b) subject to regulation 12G, the proposed personalized
registration mark is approved as personalized registration mark to be
offered for sale by auction on a day to be fixed by the Commissioner
in his discretion.
(5) Subregulation (4) shall not apply if the proposed personalized
registration mark is a cancelled personalized registration mark (taking into
account only the sequence of arrangement of the letters and numerals) and that
cancelled personalized registration mark has been allocated under regulation
12Q(7), in which case the Commissioner shall—
(a) subject to subregulation (6), notify the applicant concerned in
writing of the allocation; and
(b) subject to regulation 12Q(6), refund to the applicant the deposit paid
by him under regulation 12D(1).
(6) The Commissioner is not required to notify the applicant concerned under
subregulation (5)(a) if he is the person to whom the
cancelled personalized registration mark is allocated under regulation 12Q(7).
(25 of 2005 s. 10)
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