Hong Kong Regulations

ROAD TRAFFIC (REGISTRATION AND LICENSING OF VEHICLES) REGULATIONS - REGULATION 12Q

Cancelled personalized registration marks may be reallocated if Commissioner considers suitable

(1) A cancelled personalized registration mark may, subject to subregulation
(2), be offered for sale by auction under regulation 12I again if the
Commissioner determines under regulation 12F that an application for the
allocation of a proposed personalized registration  mark, being the
cancelled personalized registration mark (taking into account only the
sequence of arrangement of the letters and numerals), shall be accepted having
regard to the matters referred to in regulation 12L(1) and any change of
circumstances since the cancellation.

(2) Before a cancelled personalized registration mark is offered for sale by
auction, the Commissioner shall send a notice of offer to the person to whom a
refund was made under regulation 12M(2) in respect of the
cancelled personalized registration mark (“the previous holder”)—

   (a)  notifying the previous holder that the cancelled personalized 
        registration mark is made available for reallocation;

   (b)  offering to allocate the cancelled personalized registration  mark to
        the previous holder at a special fee equal to the amount of the refund
        so made to him;

   (c)  requiring the previous holder, if he accepts the offer, to—

        (i)    notify the Commissioner in writing; and

        (ii)   make full payment of the special fee, within 4 weeks after the
               date of the notice of offer; and

   (d)  stating that the cancelled personalized registration mark will be
        offered for sale by auction if notice of acceptance and full payment
        of the special fee are not received within the 4-week period.

(3) A notice of offer shall be sent to the previous holder by registered
post—

   (a)  if the previous holder is the registered owner of a motor vehicle, at
        his address appearing on the register; or

   (b)  if the previous holder is a holder of a driving licence or an
        international driving permit issued by the Commissioner, at his
        address appearing in the record maintained by the Commissioner under
        regulation 39 of the Road Traffic (Driving Licences) Regulations (
        Cap 374 sub. leg. B).

(4) If the address of the previous holder cannot be found in the register or
the record so maintained by the Commissioner, the Commissioner shall publish
the notice of offer, containing the same information as required under
subregulation (2), once in at least 2 Chinese language daily newspapers and
one English language daily newspaper in circulation in Hong Kong.

(5) For the purposes of subregulation (4), the date of the notice of offer
referred to in subregulation (2)(c) shall be construed as the date of
publication of the notice of offer in the newspapers, and the reference in
subregulation (7) to the period specified under subregulation

(2)(c) shall be construed accordingly.

(6) If the previous holder is the person who makes the application referred to
in subregulation (1), the deposit paid by him under regulation 12D(1) shall,
if he accepts the offer, be taken as payment of the special fee referred to in
subregulation (2)(b) or part of that special fee, as the case may be.

(7) The Commissioner shall, upon receiving the notice of acceptance and full
payment of the special fee within the period specified under subregulation
(2)(c), allocate the cancelled personalized registration  mark to the previous
holder and issue a certificate of allocation to him.

(8) A certificate of allocation issued under subregulation (7) shall—

   (a)  contain the particulars specified in regulation 12J(2)(a), (d) and (e)
        and (3);

   (b)  state the name and identity document number of the personalized 
        registration mark holder (being the previous holder); and

   (c)  state the date of allocation of the personalized registration  mark
        which, in such case, shall be the date on which full payment of the
        special fee is received by the Commissioner.

(9) Regulation 9(2) and (3) shall apply in respect of personalized 
registration marks allocated under subregulation (7) in like manner as it
applies in respect of special registration marks allocated under regulation
9(1).

(10) If, for whatever cause, a personalized registration mark allocated under
subregulation (7) is not assigned to a motor vehicle within 12 months after
the date of its allocation, the Commissioner may, without notice to the
personalized registration mark holder, cancel that allocation and reallocate
the personalized registration mark.

(25 of 2005 s. 10)