Hong Kong Regulations

ROAD TRAFFIC (PARKING ON PRIVATE ROADS) REGULATIONS - REGULATION 12

Disposal of detained vehicle

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 3 of 2002 s. 15

(1) Where a vehicle detained under regulation 11 is not claimed within 3 days
after its detention, the owner of the private road concerned or an
authorized officer in respect of that road shall-

   (a)  serve by post on the registered owner of the vehicle a notice
        informing him-

        (i)    of the detention of the vehicle and the place of detention; and

        (ii)   that unless the vehicle is removed from the place of detention,
               on payment of any charges payable under regulation 11(4),
               within 25 days after the service of the notice on him, the
               vehicle- (A) shall become the property of the Government free
               from the rights of any person; and (3 of 2002 s. 15) (B) may be
               disposed of by the Commissioner of Police by sale or otherwise
               as he thinks fit, and at the same time serve by post on the
               Commissioner of Police a copy of the notice; and

   (b)  where the vehicle is not removed in accordance with the notice within
        7 days after the service of the notice, publish, or cause to be
        published, not later than 14 days after such service, that notice once
        each in an English language newspaper and a Chinese language newspaper
        published daily and circulating generally in Hong Kong.

(2) Where a vehicle is not removed in accordance with a notice served and
published under subregulation (1)-

   (a)  the owner of the private road concerned or an authorized  officer in
        respect of that road shall-

        (i)    forthwith inform the Commissioner of Police that a vehicle
               detained under regulation 11 has not been removed in accordance
               with a notice served and published under this regulation;

        (ii)   provide the Commissioner of Police with particulars of the
               service and publication of the notice together with such other
               particulars in respect of the vehicle and the circumstances of
               its detention as the Commissioner of Police requires; and

        (iii)  deliver the vehicle into the custody of the Commissioner of
               Police on such day and at such time and place as the
               Commissioner of Police thinks fit; and

   (b)  the vehicle, upon its delivery into the custody of the Commissioner of
        Police under paragraph (a)(iii)-

        (i)    shall become the property of the Government free from the
               rights of any person; and (3 of 2002 s. 15)

        (ii)   may be disposed of by the Commissioner of Police by sale or
               otherwise as he thinks fit. (Enacted 1989)