Cap. 594

An Ordinance to provide for— (a) the determination of the boundaries of the Tsing Sha Control Area; (b) the management, operation and maintenance of the Control Area (including the regulation of vehicular and pedestrian traffic in the Control Area and the charging of tolls for the use of the toll area in the Control Area and other fees or charges); (c) the imposition of financial penalties on operators of the Control Area; and (d) other ancillary and related matters (including a related amendment to the Road Traffic (Public Service Vehicles) Regulations). [21 March 2008] L.N. 27 of 2008(Format changes—E.R. 4 of 2023) (Enacting provision omitted—E.R. 4 of 2023) Part 1 Preliminary 1. Short title (Amended E.R. 4 of 2023)(1) This Ordinance may be cited as the Tsing Sha Control Area Ordinance.(2) (Omitted as spent—E.R. 4 of 2023) 2. Interpretation (1) In this Ordinance, unless the context otherwise requires—additional charge (額外收費) includes a surcharge, punitive or otherwise; (Added 20 of 2021 s. 37)authorized officer (獲授權人員) means a person appointed by the Commissioner under section 9;boothless tolling facilities (無亭收費設施) means facilities installed for the collection of tolls through the detection and identification of vehicles passing through the toll area operated in boothless mode; (Added 20 of 2021 s. 37)business day (營業日) means a day that is not—(a) a general holiday;(b) a Saturday; or(c) a black rainstorm warning day or gale warning day as defined by section 71(2) of the Interpretation and General Clauses Ordinance (Cap. 1); (Added 20 of 2021 s. 37)Commissioner means the Commissioner for Transport; Control Area (管制區) means the area delineated as “Tsing Sha Control Area” on a plan deposited under section 7, and includes— (a) in the case of any road, viaduct, bridge or tunnel wholly located in that area, the entirety of that road, viaduct, bridge or tunnel; and (b) in the case of any road, viaduct, bridge or tunnel partially located in that area, the part located in that area; court (法院) includes a magistrate;dangerous goods (危險品) has the meaning assigned to it by section 2 of the Dangerous Goods Ordinance (Cap. 295);Director means the Director of Highways;document (文件) includes any form of input into, or output from, an information system and any writing or similar material (whether produced mechanically, electronically, magnetically, optically, manually or by any other means); (Added 20 of 2021 s. 37)driver (駕駛人), in relation to a vehicle, means any person who is in charge of or assisting in the control of the vehicle;driving licence (駕駛執照) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap. 374);function (職能) includes a power and a duty;gross vehicle weight (車輛總重) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap. 374); installation (裝置) includes— (a) any pipe, conduit, cable or mobile phone transmission system; (b) any traffic sign, light signal, road marking or lantern; (c) any emergency telephone or public address system; and (Replaced 20 of 2021 s. 37) (d) any image capturing device, image recording device or vehicle detection device, or any facilities designed or adapted for recording, or producing a record of, any of the following—(i) a vehicle passing through any toll booth of the toll area or otherwise using the toll area;(ii) a vehicle exceeding a speed limit, indicated by a traffic sign; (Added 20 of 2021 s. 37) light signal (交通燈) has the meaning assigned to it by regulation 2(1) of the Road Traffic (Traffic Control) Regulations (Cap. 374 sub. leg. G);management agreement (管理協議) means an agreement entered into by any person with the Government for the management, operation or maintenance of the Control Area but excludes a toll service agreement; (Amended 20 of 2021 s. 37)motor vehicle (汽車) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap. 374);operator (營運者) means a person who has entered into a management agreement with the Government; owner (車主)— (a) in relation to a motor vehicle, means—(i) the registered owner of the vehicle; or(ii) if the vehicle is the subject of a hiring agreement or hire purchase agreement, the person in possession of the vehicle under the agreement; or (b) in relation to a vehicle other than a motor vehicle, means the person who keeps and uses the vehicle; place (放置), in relation to a road marking, includes paint, mark or affix;register (登記冊) means the register of vehicles maintained by the Commissioner under regulation 4(1) of the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap. 374 sub. leg. E);registered (已登記、登記) means registered under the Road Traffic Ordinance (Cap. 374); (Added 20 of 2021 s. 37)registered address (登記地址) means the address of a registered owner that appears, in respect of any vehicle registered in the registered owner’s name, in the register; (Added 20 of 2021 s. 37)registered owner (登記車主), in relation to a vehicle, means the person registered as the owner of the vehicle under the Road Traffic Ordinance (Cap. 374);road (道路) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap. 374), and includes the road surface and adjacent pedestrian access (if any) of any viaduct, bridge (whether comprising one or more levels or decks) or tunnel;road marking (道路標記) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap. 374);road works (道路工程) has the meaning assigned to it by regulation 2(1) of the Road Traffic (Traffic Control) Regulations (Cap. 374 sub. leg. G);Secretary (局長) means the Secretary for Transport and Logistics; (Amended L.N. 144 of 2022)toll (使用費) means a toll prescribed by regulations made under section 26 for the use of the toll area;toll area (收費區) means the part of the Control Area delineated as such on a plan deposited under section 7;toll area operated in booth mode (以有亭模式營運的收費區) means—(a) the toll area in respect of which no designation under section 8A(1) has effect for traffic flow in any direction; or(b) the toll area in respect of which no designation under section 8A(1) has effect for traffic flow in one direction only, but only in so far as the traffic flow in that direction is concerned,and a reference to the toll area being operated in booth mode is to be construed accordingly; (Added 20 of 2021 s. 37)toll area operated in boothless mode (以無亭模式營運的收費區) means—(a) the toll area in respect of which a designation under section 8A(1) has effect for traffic flow in both directions; or(b) the toll area in respect of which a designation under section 8A(1) has effect for traffic flow in one direction only, but only in so far as the traffic flow in that direction is concerned,and a reference to the toll area being operated in boothless mode is to be construed accordingly; (Added 20 of 2021 s. 37)toll booth (收費亭) means any structure erected in the Control Area for the purpose of collecting tolls;toll service agreement (使用費服務協議) means an agreement entered into by a person with the Government for the person to undertake functions relating to the collection and recovery of tolls for the use of the toll area operated in boothless mode; (Added 20 of 2021 s. 37)toll service officer (收費服務人員) means a person appointed to be a toll service officer under section 17A; (Added 20 of 2021 s. 37)toll service provider (使用費服務商) means a person who has entered into a toll service agreement with the Government and includes, in the case of emergency, any person for the time being authorized by the Commissioner to perform functions relating to the collection and recovery of tolls for the use of the toll area operated in boothless mode; (Added 20 of 2021 s. 37)toll tag (繳費貼) has the meaning given by section 6A(5) of the Road Traffic Ordinance (Cap. 374); (Added 20 of 2021 s. 37)traffic sign (交通標誌) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap. 374);tunnel (隧道) means any part of the Control Area delineated as such on a plan deposited under section 7;tunnel area (隧道範圍) means any part of the Control Area delineated as such on a plan deposited under section 7;vehicle (車輛) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap. 374).(2) In this Ordinance, a reference to the performance of a function includes the exercise of a power and the performance or discharge of a duty.(3) For the avoidance of doubt, if more than one plan has been deposited under section 7—(a) a reference to “Control Area” in this Ordinance shall be construed as a reference to the area delineated as “Tsing Sha Control Area” on the plan last so deposited;(b) a reference to “toll area” in this Ordinance shall be construed as a reference to the part of the Control Area delineated as “toll area” on the plan last so deposited; and(c) a reference to “tunnel” or “tunnel area” in this Ordinance shall be construed as a reference to any part of the Control Area delineated as “tunnel” or “tunnel area” respectively on the plan last so deposited.(4) To avoid doubt, a reference to the collection and recovery of tolls, in relation to the toll area operated in boothless mode, includes the operation of boothless tolling facilities. (Added 20 of 2021 s. 37) 3. Application (1) Except where otherwise expressly provided, this Ordinance applies to vehicles and persons in the service of the Government.(2) A vehicle, person or thing that is partly in the Control Area is regarded as being wholly in the Control Area, but this subsection does not apply if the vehicle, person or thing is also partly in the Tsing Ma Control Area within the meaning of the Tsing Ma Control Area Ordinance (Cap. 498). 4. Application of other Ordinances, etc. (1) Unless expressly excluded or modified by this Ordinance, the Road Traffic Ordinance (Cap. 374) and the Road Traffic (Driving-offence Points) Ordinance (Cap. 375) apply to and operate in relation to the Control Area as if the Control Area were a road.(2) For the purposes of any law, the Control Area (except those parts to which access to the public is restricted by the Commissioner, the Director or an operator) is a public place. Part 2 Boundaries and Plans 5. Determination of boundaries (1) The Commissioner shall determine the boundaries of—(a) the Control Area;(b) the toll area;(c) the tunnels; and(d) the tunnel areas.(2) The Commissioner may from time to time vary the boundaries of the Control Area, toll area, tunnels or tunnel areas. 6. Preparation of plans (1) The Director of Lands shall prepare a plan delineating the boundaries of the Control Area, toll area, tunnels and tunnel areas as determined under section 5(1).(2) If any boundary is varied under section 5(2), the Director of Lands shall prepare a plan delineating the boundaries of the Control Area, toll area, tunnels and tunnel areas as varied. (Amended 20 of 2021 s. 38) 7. Certification and deposit of plans (1) The Commissioner shall—(a) assign a number to the plan prepared under section 6(1);(b) sign and date the plan;(c) certify the plan as being a plan delineating the boundaries of the Control Area, toll area, tunnels and tunnel areas; and(d) deposit the plan in the Land Registry.(2) If a plan is prepared under section 6(2), the Commissioner shall—(a) assign a number to the plan;(b) sign and date the plan;(c) certify the plan as being a plan delineating the boundaries of the Control Area, toll area, tunnels and tunnel areas as varied; and(d) deposit the plan in the Land Registry.(2A) A plan deposited under subsection (2) supersedes any plan previously deposited under that subsection. (Added 20 of 2021 s. 39)(3) The Commissioner shall, as soon as practicable after he deposits a plan under subsection (1) or (2), publish a notice in the Gazette that the plan has been so deposited. 8. Proof of plans In any proceedings before any court—(a) a document purporting to be a copy of a plan delineating the boundaries of the Control Area, toll area, tunnels and tunnel areas and certified by the Commissioner is admissible as evidence of those boundaries on the date of certification; and(b) if a document referred to in paragraph (a) is produced, it is not necessary to prove the signature of the Commissioner or that the person who certified it was the Commissioner on the date of certification. Part 2A Modes of Operation (Part 2A added 20 of 2021 s. 40) 8A. Designation of boothless mode operation (1) The Commissioner may, by notice published in the Gazette, designate that the toll area is to be operated without toll booths, with effect from a time specified in the notice.(2) For the purposes of subsection (1), the Commissioner—(a) may make different designations in respect of the toll area for traffic flow in different directions; and(b) may specify that the designation under a notice takes effect from different times in respect of the toll area for traffic flow in different directions.(3) A designation under subsection (1) does not prevent tolls from being collected, in the case of emergency or in special circumstances, by any means approved by the Commissioner.(4) A notice published under subsection (1) is not subsidiary legislation. Part 3 Enforcement Appointment of authorized officers 9. Commissioner may appoint authorized officers The Commissioner may appoint in writing any public officer or any person employed by an operator as an authorized officer. 10. Uniform and identification of authorized officers An authorized officer on duty shall—(a) wear a uniform of such a design as may be approved by the Commissioner of Police;(b) carry such proof of identity as may be approved by the Commissioner;(c) carry such proof of his appointment as an authorized officer as may be approved by the Commissioner; and(d) promptly produce his proof of identity and proof of his appointment to any person who on reasonable grounds requests him to do so. 11. Directions of authorized officers to be complied with (1) A person in the Control Area shall comply with any order, direction, requirement or instruction which—(a) is given or made by an authorized officer in the Control Area in the course of the performance of his functions under this Ordinance; and(b) relates to the management, operation or maintenance of the Control Area or control, restriction and safety of traffic in the Control Area.(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months. 12. Obstruction of authorized officers A person who obstructs an authorized officer in the performance of his functions under this Ordinance commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months.Powers of authorized officers and related matters 13. Powers of authorized officers (1) An authorized officer may, in the Control Area—(a) for the purpose of collecting any toll, fee or charge or requiring payment of such toll, fee or charge if the driver of a vehicle has failed to pay such toll, fee or charge in full;(b) for the purpose of preventing or detecting, in the Control Area, the commission of an offence under this Ordinance, the Road Traffic Ordinance (Cap. 374) or the Road Traffic (Driving-offence Points) Ordinance (Cap. 375); or(c) if he reasonably suspects that the driver of a vehicle—(i) has, in the Control Area, committed an offence under this Ordinance, the Road Traffic Ordinance (Cap. 374) or the Road Traffic (Driving-offence Points) Ordinance (Cap. 375); or(ii) has been involved in an accident in the Control Area,exercise such of the powers specified in subsection (2) as may be appropriate for that purpose or those circumstances.(2) For the purposes of subsection (1), an authorized officer may—(a) direct the driver of a vehicle—(i) to stop the vehicle; or(ii) to proceed to such place in the Control Area as the officer may direct and to stop there;(b) require any person to give his name and address and to produce any document in his possession which is or contains proof of that information;(c) require the driver of a vehicle—(i) to produce his driving licence for examination; or(ii) to give the name and address of the registered owner of the vehicle if that information is within his knowledge;(d) enter, examine and search a vehicle and any thing on the vehicle if he reasonably suspects that the vehicle is carrying dangerous goods in contravention of this Ordinance; and(e) detain, if necessary by the use of reasonable force, a driver or a vehicle, or both, until the driver or the vehicle, or both, can be delivered into the custody of a police officer.(3) For the purpose of regulating vehicular or pedestrian traffic, an authorized officer may, in the Control Area, direct the driver of a vehicle—(a) to stop the vehicle; or(b) to proceed to such place in the Control Area as the officer may direct and to stop there.(4) If an authorized officer reasonably suspects that, by reason of the length, width, height or gross vehicle weight of a vehicle, a permit is required under this Ordinance for driving the vehicle in the Control Area, he may, in the Control Area—(a) direct the driver of the vehicle—(i) to stop the vehicle; or(ii) to proceed to such place in the Control Area as the officer may direct and to stop there; and(b) measure the length, width, height or gross vehicle weight of the vehicle.(4A) A driver who is required under subsection (2)(c)(i) to produce his or her driving licence is to be regarded as having complied with the requirement if the driver produces his or her electronic driving licence to the authorized officer. (Added 26 of 2025 s. 26)(4B) For the purposes of subsection (4A), a driver is to be regarded as having not produced his or her electronic driving licence if—(a) the licence is not displayed on an electronic device through an electronic platform specified under section 110A(1)(c) of the Road Traffic Ordinance (Cap. 374);(b) the licence cannot be read or scanned by the authorized officer because of a defect of the electronic device on which the licence is purportedly displayed; or(c) the driver fails to comply with a reasonable request by the authorized officer to facilitate the reading or scanning of the licence. (Added 26 of 2025 s. 26)(5) A person who fails to comply with a direction given under subsection (2)(a), (3) or (4)(a), or a requirement made under subsection (2)(b) or (c), commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months.(6) In this section—electronic driving licence (電子駕駛執照) has the meaning given by section 2 of the Road Traffic Ordinance (Cap. 374). (Added 26 of 2025 s. 26) 14. Obligation to give information (1) In this section, specified offence (指明罪行) means an offence under this Ordinance, the Road Traffic Ordinance (Cap. 374) or the Road Traffic (Driving-offence Points) Ordinance (Cap. 375).(2) If an authorized officer suspects that the driver of a vehicle has committed a specified offence in the Control Area, the officer may, within 6 months after the date of the alleged offence—(a) require the person suspected of being the driver of the vehicle at the time of the alleged offence to give his name, address and driving licence number; and(b) require any other person, including the registered owner of the vehicle, to give the following particulars—(i) the name, address and driving licence number of the person who was the driver of the vehicle at the time of the alleged offence; and(ii) his relationship (if any) to the driver.(3) A requirement made of a person under subsection (2) may be made orally or by means of a notice served personally or by post on him.(4) If an authorized officer makes an oral requirement under subsection (2) of a person—(a) if that person was the driver of the vehicle at the time of the alleged offence, he shall give his name, address and driving licence number to the authorized officer; or(b) if that person was not the driver of the vehicle at the time of the alleged offence, he shall give the information required under subsection (2) either orally or in writing within 21 days after the date of the requirement to an authorized officer specified by the authorized officer who made the requirement.(5) If a requirement under subsection (2) is made of a person by means of a notice, he shall—(a) make a written statement, in such form as may be specified in the notice, giving the name, address and driving licence number of the person who was the driver of the vehicle at the time of the alleged offence and his relationship (if any) to the driver;(b) sign the statement; and(c) provide, within 21 days of the service of the notice on him, the statement to an authorized officer specified in the notice. (6) Subject to subsection (7), a person who fails to comply with a requirement made of him under subsection (2) in accordance with subsection (4) or (5) commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months.(7) In any proceedings for an offence under subsection (6), it is a defence for the person charged to prove that he did not know, and could not with reasonable diligence have ascertained, the name, address or driving licence number, as may be applicable, of the person who was the driver of the vehicle at the time of the alleged offence. 15. Proof of identity of driver If, in any proceedings for an offence under this Ordinance, there is produced to the court a statement which—(a) purports to have been signed by the person charged;(b) was provided in accordance with section 14(5); and(c) states that the person charged was the driver of the relevant vehicle at the time of the offence,the court shall admit the statement as prima facie evidence that the person charged was the driver of the vehicle at the time of the offence. 16. Additional powers of authorized officers relating to hawker and littering offences (1) In this section—hawker offence (小販罪行) has the meaning assigned to it by section 83 of the Public Health and Municipal Services Ordinance (Cap. 132);littering offence (拋垃圾罪行) means an offence under section 4(1), 9 or 9A of the Public Cleansing and Prevention of Nuisances Regulation (Cap. 132 sub. leg. BK).(2) If an authorized officer reasonably suspects that a person in the Control Area has committed a hawker offence or a littering offence in the Control Area, he may—(a) require the person to give his name and address and to produce any document in his possession which is or contains proof of that information; and(b) detain, if necessary by the use of reasonable force, that person until the person can be delivered into the custody of an officer of the Food and Environmental Hygiene Department authorized in that behalf or a police officer.(3) A person who fails to comply with a requirement made under subsection (2)(a) commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months. 17. Making false statements and omitting material particulars (1) A person who makes a false statement in giving any information or particulars required under section 13, 14 or 16 commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months.(2) In any proceedings for an offence under subsection (1), it is a defence for the person charged to prove that he did not know and had no reason to believe the statement to be false.(3) A person who omits any material particular in giving any information or particulars required under section 13, 14 or 16 commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months.(4) In any proceedings for an offence under subsection (3), it is a defence for the person charged to prove that he did not know, and could not with reasonable diligence have ascertained, the material particular required.Toll service officer for operation in boothless mode(Cross-heading added 20 of 2021 s. 42) 17A. Appointment of toll service officer for toll collection in boothless mode operation The Commissioner may in writing appoint any public officer, any person employed by the toll service provider or any other person to be a toll service officer for the purpose of assisting in the performance of functions relating to the collection and recovery of tolls for the use of the toll area operated in boothless mode. (Added 20 of 2021 s. 42)Records and certificates as evidence of facilities-related matters and other matters(Replaced 20 of 2021 s. 43) 18. Evidence of facilities-related matter by record and test certificate (1) In any criminal or civil proceedings under this Ordinance—(a) evidence of a matter specified in paragraph (a), (b) or (c) of the definition of facilities-related matter in subsection (7) may be given by the production of—(i) a specified record of the matter and a record production certificate; and(ii) a test record of the prescribed facilities producing the specified record and a test certificate; and(b) evidence of a matter specified in paragraph (d) of the definition of facilities-related matter in subsection (7) may be given by the production of a test record of the prescribed facilities concerned and a test certificate.(2) In any criminal or civil proceedings under this Ordinance, the following are, on their production by or on behalf of the Commissioner, admissible in evidence without further proof—(a) documents purporting to be a specified record and a record production certificate;(b) documents purporting to be a test record and a test certificate.(3) A document purporting to be a specified record or a test record and produced under subsection (1) is, in the absence of evidence to the contrary, presumed to be such record.(4) A document purporting to be a record production certificate or a test certificate and produced under subsection (1) is, in the absence of evidence to the contrary, presumed to be signed by a person authorized by the Commissioner.(5) A document produced under subsection (1) is evidence of the matters contained in it.(6) If any documents are admitted as evidence for the purposes of subsection (1)(a)(i) or (ii) or (b), the court may, if it thinks fit, on its own motion or on the application of any party to the proceedings—(a) summon the person who signed the document purporting to be the relevant record production certificate or the relevant test certificate; and(b) examine the person as to the subject matter of the documents admitted.(7) In this section—facilities-related matter (設施相關事宜) means—(a) a vehicle passing through, at a particular time, a toll booth of the toll area operated in booth mode;(b) a vehicle using the toll area operated in boothless mode at a particular time;(c) a vehicle exceeding a speed limit, indicated by a traffic sign, at a particular time; or(d) any matter relating to the functioning or condition of any automatic toll collection facilities, boothless tolling facilities or toll tag as at a particular time;prescribed facilities (訂明設施)—(a) in relation to a matter specified in paragraph (a) or (b) of the definition of facilities-related matter—(i) means any facilities designed or adapted for recording the matter and producing a record of the matter; and(ii) includes any facilities designed or adapted for capturing or recording an image of a vehicle passing through any part of the toll area, or for producing the image or a print of the image, or for both of those purposes;(b) in relation to a matter specified in paragraph (c) of the definition of facilities-related matter—(i) means any facilities designed or adapted for recording the matter and producing a record of the matter; and(ii) includes any facilities designed or adapted for measuring the speed of a vehicle; and(c) in relation to a matter specified in paragraph (d) of the definition of facilities-related matter, means any automatic toll collection facilities, boothless tolling facilities or toll tag;record production certificate (紀錄製備證明書), in relation to a specified record, means a certificate that certifies the circumstances in which the record was produced and that is—(a) in a form specified by the Commissioner;(b) signed by a person authorized in that behalf by the Commissioner; and(c) in the same document containing the record or in another document;specified record (指明紀錄), in relation to a facilities-related matter, means a record, in a form specified by the Commissioner, of the matter that is produced by using any prescribed facilities;test certificate (測試證明書), in relation to any prescribed facilities, means a certificate that certifies the testing, inspection or servicing of the facilities and that is—(a) in a form specified by the Commissioner;(b) signed by a person authorized in that behalf by the Commissioner; and(c) in the same document containing the test record or in another document;test record (測試紀錄), in relation to any prescribed facilities, means a record, in a form specified by the Commissioner, of the testing of the functioning, inspection or servicing of the facilities.(Replaced 20 of 2021 s. 44) 19. Evidence of miscellaneous matters by certificates (1) In any criminal or civil proceedings under this Ordinance—(a) evidence of a prescribed matter may be given by the production of a specified certificate of the matter; and(b) a document purporting to be a specified certificate is, on its production by or on behalf of the Commissioner—(i) admissible in evidence, without further proof; and(ii) in the absence of evidence to the contrary, presumed to be signed by a person authorized by the Commissioner.(2) A document produced under subsection (1) is evidence of the matters contained in it.(3) If any document is admitted as evidence for the purposes of this section, the court may, if it thinks fit, on its own motion or on the application of any party to the proceedings—(a) summon the person who signed the document; and(b) examine the person as to the subject matter of the document.(4) In this section—prescribed matter (訂明事宜) means any of the following—(a) whether the toll area, in so far as traffic flow in a direction is concerned, is operated at a particular time in—(i) booth mode; or(ii) boothless mode;(b) any matter contained in a record kept under this Ordinance or the Road Traffic Ordinance (Cap. 374);(c) whether any sum payable under this Ordinance has been paid as at a particular date;(d) whether any notice, summons or other document required or authorized to be served under this Ordinance has been served and, if so, the date on which and the manner in which it has been served;(e) whether a person on whom any notice, summons or other document has been served has, before a particular date, given any response and, if so, the particulars of the response;(f) the particulars of any record or information kept by or for the Government or toll service provider in relation to the collection and recovery of tolls, except for any facilities-related matter as defined by section 18(7);(g) a matter prescribed for the purposes of this definition;specified certificate (指明證明書), in relation to a prescribed matter, means a certificate of the matter that is—(a) in a form specified by the Commissioner; and(b) signed by a person authorized in that behalf by the Commissioner.(Replaced 20 of 2021 s. 44) Part 4 Management 20. Installations without approval (1) A person shall not install, place, lay or erect any installation in, under or above any part of the Control Area—(a) in the case of an installation within the meaning of paragraph (a) of the definition of installation in section 2(1), without the prior written approval of the Director of Lands; or(b) in the case of an installation within the meaning of paragraph (b), (c) or (d) of that definition, without the prior written approval of the Commissioner. (Amended 20 of 2021 s. 45)(2) An approval given for the purposes of subsection (1)(a) or (b) shall be subject to the payment of such charges and to such conditions, as the Director of Lands or the Commissioner, as the case may be, may impose.(3) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months. 21. Closure of road, etc. in Control Area (1) In this section, emergency works (緊急工程) includes any repairs or works not capable of being foreseen by the Secretary but the undertaking and completion of which is necessary for the safety of persons and vehicles in the Control Area.(2) Without prejudice to section 4 of the Roads (Works, Use and Compensation) Ordinance (Cap. 370), the Secretary may authorize the closure of a road or any part of a road in the Control Area for such period as he considers necessary in the case of any emergency works exceeding, or likely to exceed, a period of 14 days.(3) The Government does not incur any liability in respect of any closure authorized under subsection (2) and no person has any right against the Government or any other person to restrain such closure. 22. Vehicles, etc. causing obstruction (1) If any vehicle or thing—(a) is causing an obstruction to traffic in the Control Area;(b) is otherwise likely to render the use of the Control Area unsafe; or(c) is parked or left in the Control Area in contravention of this Ordinance or the Road Traffic Ordinance (Cap. 374),the Commissioner or an operator may, at the risk of its owner, take all reasonable steps to remove it to such place or impound it at such place, including any road, as the Commissioner or the operator thinks fit and, if necessary in the opinion of the Commissioner or the operator, may store the vehicle or thing safely.(2) A motor vehicle removed or impounded under subsection (1) shall be returned to its registered owner on payment, before it is sold or disposed of under subsection (5), to the Commissioner or the operator of—(a) the removal charge or impounding charge, or both, as may be appropriate; and(b) the storage charge (if applicable),prescribed by regulations made under section 26.(3) If a motor vehicle removed or impounded under subsection (1) is not claimed within 3 days, the Commissioner or the operator shall serve on its registered owner a notice in writing which states that unless he—(a) pays to the Commissioner or the operator the removal charge or impounding charge, or both, as may be appropriate, and the storage charge (if applicable) prescribed by regulations made under section 26; and(b) claims the vehicle within 14 days of the service of the notice on him,the vehicle may be sold or otherwise disposed of as the Commissioner thinks fit.(4) A notice under subsection (3) shall be served by sending it to the registered owner at the address shown on the register by registered post or recorded delivery.(5) If a motor vehicle removed or impounded under subsection (1) is not claimed within 14 days of the service of a notice under subsection (3), it may be sold or otherwise disposed of as the Commissioner thinks fit.(6) If, within a period of 6 months of any sale or disposal of a motor vehicle under subsection (5), a person satisfies the Commissioner that at the time of the sale or disposal, he was the registered owner of the motor vehicle, the Commissioner shall pay to him the proceeds of sale or disposal, if any, less—(a) the removal charge or impounding charge, or both, as may be appropriate, and the storage charge (if applicable) prescribed by regulations made under section 26; and(b) all expenses incurred for and incidental to the sale or disposal.(7) A thing (including a vehicle other than a motor vehicle) removed or impounded under subsection (1) shall be dealt with as follows—(a) if the thing is perishable, noxious or otherwise offensive, it may be sold or otherwise disposed of as the Commissioner or the operator thinks fit;(b) subject to paragraph (a), the thing shall be retained by the Commissioner or the operator for a period of 3 months after the removal or impounding, and if at the end of that period it remains unclaimed, it may be sold or otherwise disposed of as the Commissioner thinks fit; or(c) the thing shall be returned to its owner if the owner proves his ownership to the satisfaction of the Commissioner or the operator before it is sold or disposed of under paragraph (a) or (b).(8) If, within a period of 6 months of any sale or disposal of a thing (including a vehicle other than a motor vehicle) under subsection (7)(a) or (b), the former owner or the person formerly entitled to the beneficial ownership of the thing can prove his ownership to the satisfaction of the Commissioner, the Commissioner shall pay to him the proceeds of sale or disposal, if any, less all expenses incurred for and incidental to the sale or disposal.(9) A payment under subsection (6) or (8) to a person is subject to the person providing the Commissioner with an indemnity in retention as the Commissioner may reasonably require.(10) Unless subsection (6) or (8) applies, the proceeds of sale or disposal, if any, shall be paid into the general revenue after the expiration of 6 months from the date of the relevant sale or disposal.(11) Save as provided in this section, the Commissioner or an operator incurs no liability (other than liability for gross negligence or wilful default) to any person in respect of a vehicle or thing removed or impounded and stored (if applicable) under this section as bailees or otherwise. 23. Disposal of abandoned vehicles (1) In this section, vehicle (車輛) includes any load carried by or on a vehicle.(2) If a vehicle has remained stationary in the Control Area—(a) in such a position;(b) in such condition;(c) for such time; or(d) in such circumstances,that there is reason to believe that the vehicle has been abandoned, an authorized officer may serve on its owner a notice in writing requiring him to remove it.(3) A notice under subsection (2) shall be addressed to the owner of the vehicle and shall be served—(a) in the case of a registered owner, by sending it to him at the address shown on the register by registered post or recorded delivery; or(b) by affixing it to the vehicle.(4) A notice under subsection (2) shall—(a) require the owner of the vehicle to remove the vehicle from the Control Area—(i) if the notice is sent by registered post or recorded delivery, within 7 days of its service on him; or(ii) if the notice is affixed to the vehicle, within 7 days of the date on which it is so affixed; and(b) state that—(i) unless the vehicle is so removed by its owner, the vehicle will be removed to a place specified in the notice or impounded at such place and, if necessary in the opinion of the Commissioner or an operator, will be stored safely; and(ii) unless he—(A) claims the vehicle within 14 days from the date of the removal or the date of impounding (whichever is the earlier if the vehicle is both removed and impounded); and(B) in the case of a motor vehicle, pays to the Commissioner or an operator the removal charge or impounding charge, or both, as may be appropriate, and the storage charge (if applicable) prescribed by regulations made under section 26, it may be sold or otherwise disposed of as the Commissioner thinks fit.(5) If the vehicle is not removed as required by a notice under subsection (2), the Commissioner or an operator may, at the risk of its owner, take all reasonable steps to remove it to the place specified in the notice or impound it at such place and, if necessary in the opinion of the Commissioner or the operator, may store the vehicle safely.(6) A motor vehicle removed or impounded under subsection (5) shall be returned to its registered owner on payment, before it is sold or disposed of under subsection (8), to the Commissioner or the operator of—(a) the removal charge or impounding charge, or both, as may be appropriate; and(b) the storage charge (if applicable), prescribed by regulations made under section 26.(7) A vehicle other than a motor vehicle removed or impounded under subsection (5) shall be returned to its owner if the owner proves his ownership to the satisfaction of the Commissioner or the operator before it is sold or disposed of under subsection (8).(8) If a vehicle removed or impounded under subsection (5) is not claimed within the period specified in the notice under subsection (4)(b)(ii)(A), it may be sold or otherwise disposed of as the Commissioner thinks fit.(9) If, within a period of 6 months of any sale or disposal of a motor vehicle under subsection (8), a person satisfies the Commissioner that at the time of the sale or disposal, he was the registered owner of the motor vehicle, the Commissioner shall pay to him the proceeds of sale or disposal, if any, less—(a) the removal charge or impounding charge, or both, as may be appropriate, and the storage charge (if applicable) prescribed by regulations made under section 26; and(b) all expenses incurred for and incidental to the sale or disposal.(10) If, within a period of 6 months of any sale or disposal of a vehicle other than a motor vehicle under subsection (8), the former owner or the person formerly entitled to the beneficial ownership of the vehicle can prove his ownership to the satisfaction of the Commissioner, the Commissioner shall pay to him the proceeds of sale or disposal, if any, less all expenses incurred for and incidental to the sale or disposal.(11) A payment under subsection (9) or (10) to a person is subject to the person providing the Commissioner with an indemnity in retention as the Commissioner may reasonably require.(12) Unless subsection (9) or (10) applies, the proceeds of sale or disposal, if any, shall be paid into the general revenue after the expiration of 6 months from the date of the relevant sale or disposal.(13) Save as provided in this section, the Commissioner or an operator incurs no liability (other than liability for gross negligence or wilful default) to any person in respect of a vehicle removed or impounded and stored (if applicable) under this section as bailees or otherwise. 23A. If section 8A(1) designation effective for toll area, moneys received may be paid as remuneration (1) If the terms of a specified agreement have been approved by the Financial Secretary for the purposes of this section, a part or percentage of the toll-related receipts constituting the sum payable to the contractor under the specified agreement—(a) does not form part of the general revenue for the purposes of section 3(1) of the Public Finance Ordinance (Cap. 2); and(b) may be paid by the Commissioner to the contractor in accordance with the specified agreement.(2) In this section—Cap. 368 (《第368章》) means the Road Tunnels (Government) Ordinance (Cap. 368);Cap. 368 tolled tunnel (《第368章》收費隧道) means a tolled tunnel as defined by section 2(1) of Cap. 368;Cap. 368 tunnel (《第368章》隧道) means a tunnel as defined by section 2(1) of Cap. 368;contractor (承辦商) means—(a) in relation to a specified agreement that is a management agreement—the operator concerned; or(b) in relation to a specified agreement that is a toll service agreement—the toll service provider concerned;earliest designation time (最早指定時間) means the earliest time at which a designation under section 8A(1) takes effect in respect of the toll area for traffic flow in at least one direction;specified agreement (指明協議) means any of the following agreements that applies to any specified Government infrastructure—(a) a management agreement;(b) a toll service agreement;specified Government infrastructure (指明政府基建) means—(a) the Control Area if a designation under section 8A(1) has taken effect in respect of the toll area for traffic flow in at least one direction;(b) a Cap. 368 tolled tunnel in respect of which a designation under section 8B(1) of Cap. 368 has taken effect for traffic flow in at least one direction; or(c) a Cap. 368 tunnel for the use of which no toll is payable under Cap. 368;toll-related receipts (使用費相關收入), in relation to a specified agreement, means all moneys raised or received for the purposes of the Government, whether directly paid to the Government or otherwise, as any of the following—(a) a toll received for the use of the toll area at or after the earliest designation time for the toll area (whether or not the use is in a direction of traffic flow for which a designation under section 8A(1) has effect);(b) an additional charge paid in respect of a failure to pay a toll referred to in paragraph (a) or an additional charge.(3) The reference in subsection (1) to the sum payable to the contractor under the specified agreement means the aggregate of any remuneration of, or reimbursement to, the contractor payable under the specified agreement in respect of any specified Government infrastructure to which the specified agreement applies.(Added 20 of 2021 s. 46) Part 5 Financial Penalties 24. Financial penalties imposed on operator (1) In this section, relevant authority (有關當局), in relation to a failure to comply with any requirement of this Ordinance or a breach of a management agreement—(a) where the failure or breach relates to the management or operation of the Control Area, means the Commissioner; and(b) where the failure or breach relates to the maintenance of the Control Area, means the Director.(2) If an operator fails to comply with any requirement of this Ordinance or is in breach of a management agreement, the relevant authority may—(a) where the failure or breach is capable of being remedied—(i) impose, with the approval of the Chief Executive in Council, a financial penalty on the operator in respect of each such failure or breach; and (ii) impose a further financial penalty on the operator in respect of each continuing failure or breach; and(b) where the failure or breach is not capable of being remedied, impose, with the approval of the Chief Executive in Council, a financial penalty on the operator in respect of each such failure or breach.(3) The relevant authority shall not impose a financial penalty under subsection (2) unless he—(a) has notified the operator in writing of the relevant failure or breach; and(b) if it is capable of being remedied, has afforded the operator a reasonable opportunity to comply with the requirement or remedy the breach.(4) If a financial penalty is imposed, the relevant authority shall serve on the operator a notice in writing specifying the amount of the financial penalty and requiring the operator to pay it to the Government within 30 days beginning on the date on which the notice is served.(5) A financial penalty imposed under subsection (2)(a)(i) shall not exceed the amount specified in Division 1 of Part 1 of Schedule 1. (Amended 20 of 2021 s. 47)(6) A further financial penalty imposed under subsection (2)(a)(ii) shall not exceed the amount specified in Division 2 of Part 1 of Schedule 1 for each day the relevant failure or breach continues after the date on which the notice of a financial penalty imposed under subsection (2)(a)(i) is served under subsection (4). (Amended 20 of 2021 s. 47)(7) A financial penalty imposed under subsection (2)(b) shall not exceed—(a) on the first occasion on which a financial penalty is imposed on the operator, the amount specified in Division 1 of Part 2 of Schedule 1;(b) on the second occasion on which a financial penalty is imposed on the operator, the amount specified in Division 2 of Part 2 of Schedule 1; and(c) on the third or a subsequent occasion on which a financial penalty is imposed on the operator, the amount specified in Division 3 of Part 2 of Schedule 1. (Amended 20 of 2021 s.

47)(8) For the purposes of subsection (7), in determining whether a particular failure or breach (the relevant failure or breach) is the first, second, third or a subsequent occasion on which a financial penalty is being imposed, only occasions, if any, on which a financial penalty has been imposed in respect of a failure or breach which is of the same type as the relevant failure or breach shall be taken into account. 24A. Financial penalties imposed on toll service provider (1) If a toll service provider fails to comply with any requirement of this Ordinance or is in breach of a toll service agreement, the Commissioner may—(a) where the failure or breach is capable of being remedied—(i) impose, with the approval of the Chief Executive in Council, a financial penalty on the toll service provider in respect of each such failure or breach; and(ii) impose a further financial penalty on the toll service provider in respect of each continuing failure or breach; and(b) where the failure or breach is not capable of being remedied, impose, with the approval of the Chief Executive in Council, a financial penalty on the toll service provider in respect of each such failure or breach.(2) The Commissioner may not impose a financial penalty under subsection (1) unless the Commissioner—(a) has notified the toll service provider in writing of the relevant failure or breach; and(b) if it is capable of being remedied, has afforded the toll service provider a reasonable opportunity to comply with the requirement or remedy the breach.(3) If a financial penalty is imposed, the Commissioner must serve on the toll service provider a notice in writing—(a) specifying the amount of the financial penalty; and(b) requiring the toll service provider to pay the financial penalty to the Government within 30 days after the date on which the notice is served.(4) A financial penalty imposed under subsection (1)(a)(i) must not exceed the amount specified in Division 1 of Part 1 of Schedule 2.(5) A further financial penalty imposed under subsection (1)(a)(ii) must not exceed the amount specified in Division 2 of Part 1 of Schedule 2 for each day the relevant failure or breach continues after the date on which the notice of a financial penalty imposed under subsection (1)(a)(i) is served under subsection (3).(6) A financial penalty imposed under subsection (1)(b) must not exceed—(a) on the first occasion on which a financial penalty is imposed on the toll service provider, the amount specified in Division 1 of Part 2 of Schedule 2;(b) on the second occasion on which a financial penalty is imposed on the toll service provider, the amount specified in Division 2 of Part 2 of Schedule 2; and(c) on the third or a subsequent occasion on which a financial penalty is imposed on the toll service provider, the amount specified in Division 3 of Part 2 of Schedule 2.(7) For the purposes of subsection (6), in determining whether a particular failure or breach (subject failure or breach) is the first, second, third or a subsequent occasion on which a financial penalty is being imposed, only occasions, if any, on which a financial penalty has been imposed in respect of a failure or breach that is of the same type as the subject failure or breach are to be taken into account.(Added 20 of 2021 s. 48) 25. General provisions relating to financial penalties (1) A financial penalty imposed under section 24 or 24A is recoverable as a civil debt due to the Government, and may be recovered (in whole or in part) by the Government by—(a) deducting or offsetting any sum that may be payable to a contractor under a specified agreement or otherwise; or(b) enforcing any guarantee or letter of credit provided in accordance with a specified agreement.(2) If the actual costs incurred by a contractor are to be taken into account in determining any sum payable to the contractor under a specified agreement, the contractor’s actual costs are to be calculated without regard to any of the following—(a) a financial penalty paid by the contractor;(b) any legal costs incurred by the contractor in connection with the Government’s recovery of a financial penalty.(3) In this section—contractor (承辦商) means—(a) in relation to any financial penalty imposed under section 24—an operator; or(b) in relation to any financial penalty imposed under section 24A—a toll service provider;specified agreement (指明協議) means—(a) in relation to any financial penalty imposed under section 24—a management agreement; or(b) in relation to any financial penalty imposed under section 24A—a toll service agreement.(Replaced 20 of 2021 s. 49) Part 6 Powers to Make Regulations and Amend Schedules (Amended 20 of 2021 s. 50) 26. Regulations (1) The Chief Executive in Council may make regulations for all or any of the following purposes—(a) prescribing, and providing for the payment and recovery of—(i) tolls payable for the use of the toll area;(ii) the additional charges and penalties in respect of a failure to pay any toll or additional charge or any part of any toll or additional charge; and(iii) the costs in connection with the recovery of the sums referred to in subparagraphs (i) and (ii); (Replaced 20 of 2021 s. 51)(b) providing for a direction by a court that a person’s application for registration, permit or licence in respect of any vehicle, under the Road Traffic Ordinance (Cap. 374), is to be refused or is not to be acted on if the person is liable for any sum referred to in paragraph (a) and the sum remains unpaid; (Replaced 20 of 2021 s. 51)(c) prescribing, and providing for the payment of, fees in respect of the escort of vehicles in the Control Area;(d) providing for entitlement to changes given for overpayment of tolls for the use of the toll area operated in booth mode and prescribing, and providing for the payment of, administration fees in respect of changes given for overpayment of such tolls; (Amended 20 of 2021 s. 51)(e) prescribing, and providing for the payment of, fees in respect of the issue of permits for the use of the Control Area by certain vehicles;(f) providing for the payment of fees in respect of the processing of applications for permits referred to in paragraph (e) and empowering the Commissioner to determine such fees;(g) prescribing, and providing for the payment of, fees and charges in respect of the removal, impounding and storage of vehicles under this Ordinance;(h) providing for the waiving, exemption, reduction or refund of tolls, additional charges (including surcharges), fees or charges prescribed by regulations made under this subsection; (Amended 20 of 2021 s. 51)(i) authorizing the Commissioner—(i) to waive, exempt, reduce or refund the tolls, additional charges, fees or charges prescribed by regulations made under this subsection; or(ii) to modify any requirements as to the means or methods by which or the time by which the tolls, additional charges, fees or charges are payable. (Added 20 of 2021 s. 51)(2) The Secretary may make regulations for all or any of the following purposes—(a) providing for—(i) the means and methods for the collection of tolls for the use of the toll area, including the means and methods other than by the collection of cash at toll booths (such as the use of automatic toll collection facilities, boothless tolling facilities, or tickets for the payment of tolls); and(ii) connected matters (including the installation of automatic toll collection facilities and boothless tolling facilities, and the regulation of the use of the facilities); (Replaced 20 of 2021 s. 51)(b) providing for the functions of an operator in the management, operation or maintenance of the Control Area;(c) providing for the classification, design, colour, erection, display, placing, operation, maintenance, variation, suspension or removal of traffic signs, light signals and road markings in the Control Area;(d) providing for—(i) the removal, detention, sale or disposal of traffic signs, light signals and road markings erected, displayed or placed in the Control Area without approval or permission;(ii) the recovery of any expenses incurred for or incidental to such removal, detention, sale or disposal; and(iii) the payment of the proceeds, if any, of any such sale or disposal into the general revenue;(e) providing for the regulation of vehicular and pedestrian traffic and passengers on vehicles in the Control Area, whether by traffic signs, light signals, road markings or otherwise;(f) regulating the manner of driving and the use of vehicles and the equipment and apparatus pertaining to vehicles in the Control Area;(g) regulating the manner in which passengers may be carried on vehicles in the Control Area;(h) regulating the use of any road in the Control Area, including but not limited to prohibiting either absolutely or during specified hours—(i) the driving of any vehicle or any description of vehicles; or(ii) the use of any vehicle or any description of vehicles in a particular manner;(i) providing for the closure of roads in the Control Area;(j) providing for temporary speed limits for any road in the Control Area for any vehicle or any description of vehicles;(k) providing for the towing of or drawing of vehicles by motor vehicles in the Control Area;(l) regulating the manner of loading vehicles and securing of loads on vehicles in the Control Area;(m) providing for the maximum weight to be transmitted to any road in the Control Area by any vehicle or any description of vehicles or by any part or parts of such a vehicle or vehicles in contact with that road;(n) providing for the control or restriction of animals in the Control Area;(o) providing for the escort of vehicles in the Control Area;(p) providing for the exemption of persons, vehicles or any description of vehicles from any regulation;(q) authorizing the Commissioner, the Director or the Commissioner of Police to exempt persons, vehicles or any description of vehicles from any regulation, whether by approval, permit or otherwise;(r) authorizing the Director to determine, and providing for the payment and collection of, fees and charges in respect of the provision of traffic signs, light signals, road markings or lanterns for use in the Control Area;(s) regulating the manner in which road works and other works of repair may be carried out in the Control Area;(t) regulating the painting or affixing of any poster, placard or bill or other matter in the Control Area;(u) prohibiting the tampering of, interference with, unauthorized access or damage to, or defacement or alteration of, any installation, structure, building, facility, utility, equipment, appliance, system, record, information, vehicle or other article that—(i) is in the Control Area;(ii) relates to the management, operation and maintenance of the Control Area; or(iii) relates to the collection and recovery of tolls; (Replaced 20 of 2021 s. 51)(v) prohibiting the entry to or the presence of any person in any building or other facility in the Control Area without approval or permission;(w) providing for such other matters as may be necessary or expedient to give effect to the provisions of this Ordinance.(3) Any regulation made under this section may provide that a contravention of any provision of the regulation constitutes an offence punishable by a fine not exceeding level 2 and imprisonment for a term not exceeding 6 months.(4) Any regulation made under this section may—(a) exclude or modify the application to or operation in relation to the Control Area of the Road Traffic Ordinance (Cap. 374), the Road Traffic (Driving-offence Points) Ordinance (Cap. 375) or any other Ordinance;(b) make different provisions for different circumstances and provide for a particular case or class of cases;(c) be made so as to apply only in specified circumstances;(d) prescribe fees for the purposes of the regulation; and(e) contain such incidental, supplementary, consequential, transitional or saving provision as may be necessary or expedient in consequence of the regulation.(5) Subsections (6) and (7) have effect without limiting the other provisions of this section. (Added 20 of 2021 s. 51)(6) Any regulation made under subsection (1)—(a) may provide that a person specified in the regulation as the responsible person of a vehicle is liable to the Government for any toll payable in respect of the vehicle for the use of the toll area operated in boothless mode;(b) may provide that the provisions referred to in paragraph (a) have effect regardless of whether another person is the driver of the vehicle when the liability for the toll is incurred;(c) may provide that different tolls are payable for the use of the toll area for different classes of vehicles; and(d) may confer, on a toll service provider, any functions relating to the collection and recovery of tolls including—(i) serving a notice that imposes any additional charge in respect of a failure to pay any toll or additional charge or any part of any toll or additional charge;(ii) cancelling a notice referred to in subparagraph (i);(iii) serving a notice on a person informing the person that an application may be made, or summons may be issued, against the person for recovering any toll or additional charge or any part of any toll or additional charge payable by the person;(iv) withdrawing a notice referred to in subparagraph (iii); and(v) refunding any sum received as toll paid in respect of a vehicle if the toll service provider is satisfied that no liability has been incurred, in respect of the vehicle, to pay the sum. (Added 20 of 2021 s. 51)(7) Any regulation made under subsection (1) may provide that, in any proceedings for recovering any toll, additional charge and any other sum—(a) the case may be proved on the production of records and certificates under sections 18 and 19 in the absence of evidence to the contrary; and(b) an order may be made against the defendant, or the proceedings may otherwise be disposed of, in the absence of the defendant if the defendant has been duly served with—(i) for proceedings commenced by a complaint—the summons in relation to the complaint; or(ii) for any other proceedings—the notice of the proceedings. (Added 20 of 2021 s. 51) 27. Amendment of Schedules (Amended 20 of 2021 s. 52)The Chief Executive in Council may by notice published in the Gazette amend Schedules 1 and 2.(Amended 20 of 2021 s. 52) Part 7 Administrative and Supplementary Provisions 27A. Offence of unlawful disclosure of information (1) A person commits an offence if the person, without lawful authority, discloses to another person information obtained or received by or accessible to the person, in connection with performing any function relating to the collection and recovery of tolls payable for the use of the toll area operated in boothless mode.(2) For subsection (1), the person has lawful authority if—(a) the person discloses the information—(i) in order to perform a function under this Ordinance;(ii) for the purposes of proceedings brought under this Ordinance;(iii) in relation to performing a function, or for enabling or facilitating any thing or work to be done by any person, under any law of Hong Kong;(iv) in compliance with a court order; or(v) with the consent of each person who is entitled to have the information kept confidential; or(b) the disclosure of the information by the person is in accordance with or incidental to the person’s duty as any public officer, toll service provider or toll service officer.(3) A person who commits an offence under subsection (1) is liable on conviction to a fine at level 4.(Added 20 of 2021 s. 53) 28. Directions to operator and toll service provider (1) If the Secretary considers the public interest so requires, the Secretary may give directions of a general character in writing to an operator in relation to the performance of the functions of the operator, or of authorized officers employed by the operator, under this Ordinance.(2) An operator must comply with the directions given under subsection (1).(3) If the Secretary considers the public interest so requires, the Secretary may give directions of a general character in writing to a toll service provider in relation to the performance of the functions of the toll service provider, or of toll service officers employed by the toll service provider, under this Ordinance.(4) A toll service provider must comply with the directions given under subsection (3).(Replaced 20 of 2021 s. 54) 29. Protection of Government and public officers (1) No criminal or civil liability (other than that imposed under a management agreement) is incurred by the Government or any public officer in respect of the management, operation and maintenance of the Control Area by an operator.(2) No criminal or civil liability (other than that imposed under a toll service agreement) is incurred by the Government or any public officer in respect of the collection and recovery of tolls by a toll service provider.(Replaced 20 of 2021 s. 54) 29A. Service of documents concerning toll for use of toll area operated in boothless mode (1) A specified document may be served on or given to a person—(a) in the case of a natural person, by delivering it to the person personally; or(b) in all cases, by leaving it for the person, or sending it by ordinary or registered post in a letter addressed to the person—(i) in the case of a registered owner, at the person’s registered address; or(ii) in any other case, at the person’s address last known to the Commissioner.(2) In the absence of evidence to the contrary, a specified document served or given in the manner described in subsection (1) is taken to have been served or given and received at the following time—(a) if it is delivered to the person personally, when it is so delivered;(b) if it is left at the person’s registered address or address last known to the Commissioner (as the case requires), on the second business day after the day on which it is so left;(c) if it is sent by ordinary post or registered post to the person’s registered address or address last known to the Commissioner (as the case requires), on the second business day after the day on which it is so sent.(3) In this section—specified document (指明文件) means a notice, order, summons, direction or other document (however described) to be served or given (however described) for the purposes of this Ordinance—(a) by the Commissioner, a toll service provider or the court on or to another person; and(b) for the purposes of the collection and recovery of tolls payable for the use of the toll area operated in boothless mode or in connection with proceedings arising from a failure to pay such a toll or any additional charge or penalty in respect of a failure to pay such a toll or any additional charge.(Added 20 of 2021 s. 55) 30. Saving (1) This Ordinance does not restrict, derogate from or otherwise interfere with—(a) any function under any law of any person in the service of the Government; or(b) the performance of any such function by any such person.(2) This Ordinance does not affect any rights of ownership in any installation, structure, building, facility, utility, equipment, appliance, vehicle or other article owned by, or vested in, the Government.(3) This Ordinance does not affect the powers or rights of the Government or any public officer under a management agreement or a toll service agreement. (Added 20 of 2021 s. 56) Part 8 (Omitted as spent—E.R. 4 of 2023) 31. (Omitted as spent—E.R. 4 of 2023) Schedule 1 [ss. 24 & 27](Amended 20 of 2021 s. 57)Financial Penalties Imposed on Operator (Amended 20 of 2021 s. 57) Part 1 Failure to Comply or Breach Capable of being Remedied Division 1 Failure to Comply or Breach (Amount Specified for the Purposes of Section 24(5) of this Ordinance) $10,000 Division 2 Continuing Failure to Comply or Breach (Amount Specified for the Purposes of Section 24(6) of this Ordinance) $10,000 Part 2 Failure to Comply or Breach not Capable of being Remedied Division 1 First Occasion (Amount Specified for the Purposes of Section 24(7)(a) of this Ordinance) $20,000 Division 2 Second Occasion (Amount Specified for the Purposes of Section 24(7)(b) of this Ordinance) $50,000 Division 3 Third or Subsequent Occasion (Amount Specified for the Purposes of Section 24(7)(c) of this Ordinance) $100,000 Schedule 2 [ss. 24A & 27]Financial Penalties Imposed on Toll Service Provider (Schedule 2 added 20 of 2021 s. 58) Part 1 Failure to Comply or Breach Capable of being Remedied Division 1 Failure to Comply or Breach (Amount Specified for Purposes of Section 24A(4)) $10,000 Division 2 Continuing Failure to Comply or Breach (Amount Specified for Purposes of Section 24A(5)) $10,000 Part 2 Failure to Comply or Breach not Capable of being Remedied Division 1 First Occasion (Amount Specified for Purposes of Section 24A(6)(a)) $20,000 Division 2 Second Occasion (Amount Specified for Purposes of Section 24A(6)(b)) $50,000 Division 3 Third or Subsequent Occasion (Amount Specified for Purposes of Section 24A(6)(c)) $100,000