Cap. 237 sub. leg. A

Fixed Penalty (Traffic Contraventions) Regulations(Cap. 237, section 25) [20 September 1971](Format changes—E.R. 2 of 2022) 1. Citation These regulations may be cited as the Fixed Penalty (Traffic Contraventions) Regulations. 2. Prescribed information (1) The information set out in Part 1 of Schedule 2 is prescribed for a fixed penalty notice for the purposes of section 15(5)(b) of the Ordinance.(2) The information set out in Part 2 of Schedule 2 is prescribed for an electronic fixed penalty notice for the purposes of section 15(6)(b) of the Ordinance.(3) The information set out in Part 3 of Schedule 2 is prescribed for a demand notice for the purposes of section 15AAB(3)(b) of the Ordinance.(4) The information set out in Part 4 of Schedule 2 is prescribed for an electronic demand notice for the purposes of section 15AAB(4)(b) of the Ordinance.(13 of 2024 s. 23) 2A. Commissioner of Police may specify matters relating to payment of penalties in specified forms The Commissioner of Police may, in a form specified under section 26(1) of the Ordinance, specify matters relating to—(a) the person to whom and the place at which a fixed penalty or an additional penalty may be paid; and(b) how a fixed penalty or an additional penalty may be paid.(13 of 2024 s. 24) 3. Payment of fixed penalty (1) A person on whom a fixed penalty notice or demand notice (notice) is served may pay the fixed penalty within the period of time stated in the notice— (13 of 2024 s. 25)(a) by post addressed to the Treasury; (L.N. 166 of 2001; L.N. 15 of 2018)(b) personally or through the person’s agent at a counter of any post office other than a mobile post office; (L.N. 15 of 2018)(c) through any automated teller machine of a bank; (L.N. 166 of 2001)(d) by phone by using the service commonly known as PPS; (L.N. 166 of 2001; 10 of 2008 s. 48; L.N. 15 of 2018)(e) through the Internet; (L.N. 166 of 2001; L.N. 15 of 2018; 13 of 2024 s. 25)(f) through the phone-banking service provided by a bank; or (L.N. 15 of 2018; 13 of 2024 s. 25)(g) through any other payment method specified by the Commissioner of Police under regulation 2A in the notice. (13 of 2024 s. 25)(2) A person who wishes to pay the fixed penalty in accordance with paragraph (1)(a) or (b) must— (13 of 2024 s. 25)(a) deliver—(i) the notice to which the payment relates; or(ii) if the notice is served under section 15(4) or 15AAB(2) of the Ordinance—a printed copy of the notice made available for inspection under section 15(4)(a) or 15AAB(2)(a) of the Ordinance; or(b) provide the notice number or electronic payment number specified in the notice,together with the payment in accordance with the payment instructions set out in the notice. (L.N. 166 of 2001; 13 of 2024 s. 25)(3) When any payment is made in accordance with this regulation, it shall be of the amount specified in the notice or, where payment is made in respect of more than one notice, of the total amounts specified in the notices. (L.N. 3 of 1979)(4) A payment under paragraph (1) shall not include, or form part of, an amount in respect of a matter other than a matter specified in the notice or notices. (L.N. 3 of 1979)(5) Where any amount is paid otherwise than in accordance with this regulation, the Director of Accounting Services may return it to the payer. (L.N. 3 of 1979)(6) Subject to paragraph (5), the Director of Accounting Services shall, whenever practicable to do so, send to the person paying a fixed penalty in accordance with paragraph (1)(b) a receipt for the payment. (L.N. 3 of 1979; L.N. 166 of 2001) 3A. (Omitted as expired—E.R. 2 of 2022) 4. Certificates under sections 15AAF, 17 and 21 (13 of 2024 s. 26)(1) A certificate of service under section 15AAF(1) of the Ordinance—(a) if it states the matter specified in section 15AAF(2)(a) of the Ordinance—must be in accordance with Form 3 in Schedule 1; and(b) if it states the matters specified in section 15AAF(2)(b) of the Ordinance—must be in accordance with Form 3A in Schedule 1. (13 of 2024 s. 26)(2) A certificate of posting under section 17(2) of the Ordinance must be in accordance with Form 4 in Schedule 1.(3) A certificate under section 21(1) of the Ordinance must be in accordance with Form 5 in Schedule 1.(13 of 2024 s. 26) 5. Certificate under section 22(4A) An application for a certificate under section 22(4A) of the Ordinance must be made to the Commissioner and must be in accordance with Form 6 in Schedule 1 and the certificate must be in accordance with Form 7 in Schedule 1.(L.N. 219 of 1991; L.N. 450 of 1995; 13 of 2024 s. 27) Schedule 1 [regs. 4 & 5]Prescribed Forms (13 of 2024 s. 28)(Schedule replaced L.N. 3 of 1979 — renumbered as Schedule 1 in 2024) Form 1 (Repealed 13 of 2024 s. 28) __________ Form 2 (Repealed 13 of 2024 s. 28) __________ Form 3 FIXED PENALTY (TRAFFIC CONTRAVENTIONS) ORDINANCE(Chapter 237) CERTIFICATE OF POSTING OF DEMAND NOTICE(Section 15AAF(2)(a)) This is to certify that on the day of a Demand Notice was posted to the addressee at the address below under section 15AAB(1) of the Fixed Penalty (Traffic Contraventions) Ordinance (Cap. 237). The particulars of the Notice are as follows— Notice No.: Date of Notice: Name of Addressee: Address: Date: for Commissioner of Police. (Full name in block letters) (13 of 2024 s. 28) __________ Form 3A Fixed Penalty (Traffic Contraventions) Ordinance(Chapter 237) CERTIFICATE OF ELECTRONIC SERVICE OF DEMAND NOTICE(Section 15AAF(2)(b)) This is to certify that beginning on the _________ day of ______________ a Demand Notice was made available for inspection by the addressee below under section 15AAB(2)(a) of the Fixed Penalty (Traffic Contraventions) Ordinance (Cap. 237), and on the _________ day of _______________ a corresponding Electronic Demand Notice was sent by electronic means to the addressee through the registered e-contact means below under section 15AAB(2)(b) of that Ordinance. The particulars of the Notices are as follows— Notice No. of Demand Noticeand Electronic Demand Notice: ___________________________________ Date of Demand Notice: _________________________________________ Date of Electronic Demand Notice: ________________________________ Name of Addressee: ____________________________________________ Registered e-contact Means: _____________________________________ Date: __________________ _________________________ for Commissioner of Police. _________________________ (Full name in block letters) (13 of 2024 s. 28) __________ Form 4 FIXED PENALTY (TRAFFIC CONTRAVENTIONS) ORDINANCE(Chapter 237) CERTIFICATE OF POSTING OF SUMMONS(Section 17(2)) This is to certify that on the day of a Summons issued by the magistrate sitting in the Magistrate’s Court at was posted. The particulars of the Summons are as follows— Serial No.: Date of Summons: Name of Defendant: Address: Date: for Commissioner of Police. (Full name in block letters) (13 of 2024 s. 28) __________ Form 5 FIXED PENALTY (TRAFFIC CONTRAVENTIONS) ORDINANCE(Chapter 237) CERTIFICATE OF IDENTITY OF REGISTERED OWNER,REGISTERED ADDRESS, REGISTERED e-CONTACT MEANS AND NON-PAYMENT OF FIXED PENALTY(Section 21(1)) This is to certify that (a) * on the . day of . at about the registered owner of motor vehicle registration mark was ; (b) † on the . day of . the registered address of the person was ; (ba) # on the . day of . the registered e-contact means of the person was .; (c) ‡ on the . day of . the registered address of the person was ; (d) § before the . day of . no payment was made of the fixed penalty in respect of the contravention specified in the Demand Notice (Notice No. .) dated the . day of .; and (e) before the . day of . the person had not notified the Commissioner of Police that the person wished to dispute liability for the said contravention. Date . for Commissioner of Police. (Full name in block letters) * Insert date and time of the contravention to which the proceedings relate. † Insert date on which the demand notice in respect of the contravention was posted. # Insert the date that the electronic demand notice was sent. ‡ Insert date on which summons under section 17(1) in respect of the proceedings was posted. § Insert last date of payment specified in the demand notice. (L.N. 90 of 1984; 13 of 2024 s. 28) __________ Form 6 FIXED PENALTY (TRAFFIC CONTRAVENTIONS) ORDINANCE(Chapter 237) APPLICATION FOR CERTIFICATE OF CLEARANCE(Section 22(4A)) To: The Commissioner for Transport,Hong Kong. Dear Sir, * I am [I intended to become] the new owner of motor vehicle registration mark . I hereby apply under regulation 5 of the Fixed Penalty (Traffic Contraventions) Regulations for a Certificate of Clearance under section 22(4A) of the Fixed Penalty (Traffic Contraventions) Ordinance in respect of the motor vehicle. Yours faithfully, Date . (Signature) Name: (In block letters) Address: (In block letters) * Delete whichever is inapplicable. (L.N. 219 of 1991; L.N. 450 of 1995; 13 of 2024 s. 28) __________ Form 7 FIXED PENALTY (TRAFFIC CONTRAVENTIONS) ORDINANCE(Chapter 237) CERTIFICATE OF CLEARANCE(Section 22(4A)) This is to certify that no notice of a valid order under section 22(2)(b) of the Fixed Penalty (Traffic Contraventions) Ordinance appears in my records in respect of motor vehicle registration mark Issue on the . day of . at . a.m./p.m. Date . Commissioner for Transport. (Full name in block letters) Note: This certificate remains valid for not more than 72 hours from the time of issue. No general holiday will be taken into account in computing the period of 72 hours. (L.N. 219 of 1991; L.N. 450 of 1995; L.N. 166 of 2001; 13 of 2024 s. 28) Schedule 2 [reg. 2]Prescribed Information (Schedule 2 added 13 of 2024 s. 29) Part 1 Fixed Penalty Notice 1. The notice number 2. The registration mark of the motor vehicle concerned 3. The following information relating to the alleged contravention—(a) the statutory provision contravened;(b) the time, date and location of the contravention;(c) the code number representing the contravention 4. The following information relating to the fixed penalty—(a) the amount of the penalty;(b) the e-payment number and bill type;(c) the payment method;(d) the period for making the payment;(e) the consequence for failing to make the payment within the period or to dispute liability for the alleged contravention 5. The method of enquiry 6. Any of the following particulars of the person authorized to issue the fixed penalty notice—(a) the police number;(b) if the person is a traffic warden—the number of the identity card issued to the person under section 59(2) of the Road Traffic Ordinance (Cap. 374) 7. The date of the fixed penalty notice Part 2 Electronic Fixed Penalty Notice 1. The notice number 2. The date of the electronic fixed penalty notice 3. The registration mark of the motor vehicle concerned 4. The following information relating to the alleged contravention—(a) the time, date and location of the contravention;(b) the code number representing the contravention 5. The following information relating to the fixed penalty—(a) the amount of the penalty;(b) the e-payment number and bill type;(c) the period for making the payment 6. How to gain access to an information system designated by the Commissioner of Police through which—(a) the corresponding fixed penalty notice may be inspected; and(b) the following information is provided—(i) the payment method;(ii) the consequence for failing to make the payment or to dispute liability for the alleged contravention;(iii) an explanation of the code number used to represent the contravention;(iv) other matters relating to the contravention or fixed penalty 7. The method of enquiry Part 3 Demand Notice 1. The notice number 2. The following particulars of the person to whom the demand notice is addressed—(a) the name;(b) the number of the person’s identity document as defined by regulation 2(1) of the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap. 374 sub. leg. E) 3. The registration mark of the motor vehicle concerned 4. The following information relating to the alleged contravention—(a) the statutory provision contravened;(b) a description of the contravention;(c) the time, date and location of the contravention 5. The requirement that the person must—(a) pay the fixed penalty; or(b) notify the Commissioner of Police that the person wishes to dispute liability for the alleged contravention 6. The following information relating to the fixed penalty required—(a) the amount of the penalty;(b) the e-payment number and bill type;(c) the payment method;(d) the period for making the payment;(e) the consequence for failing to make the payment within the period 7. The following information relating to the notice to dispute liability for the alleged contravention—(a) how to send the notice;(b) the period for giving the notice;(c) the consequence for failing to give the notice within the period 8. The method of enquiry 9. The name and police number of the police officer authorized to issue the demand notice 10. The date of the demand notice Part 4 Electronic Demand Notice 1. The notice number 2. The date of the electronic demand notice 3. The registration mark of the motor vehicle concerned 4. The following information relating to the alleged contravention—(a) the time, date and location of the contravention;(b) the code number representing the contravention 5. The following information relating to the fixed penalty required—(a) the amount of the penalty;(b) the e-payment number and bill type;(c) the period for making the payment 6. The period for the dispute of liability for the alleged contravention 7. How to gain access to an information system designated by the Commissioner of Police through which—(a) the corresponding demand notice may be inspected; and(b) the following information is provided—(i) the payment method;(ii) the consequence for failing to make the payment or to dispute liability for the alleged contravention;(iii) an explanation of the code number used to represent the contravention;(iv) other matters relating to the contravention, fixed penalty or dispute of liability 8. The method of enquiry