Cap. 240 sub. leg. A

Fixed Penalty (Criminal Proceedings) Regulations(Cap. 240 section 11) [1 November 1976] L.N. 257 of 1976(Format changes—E.R. 6 of 2021) 1. Citation These regulations may be cited as the Fixed Penalty (Criminal Proceedings) 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 3(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 3(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 3AAB(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 3AAB(4)(b) of the Ordinance.(13 of 2024 s. 45) 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 11A(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. 46) 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. 47)(a) by post addressed to the Treasury; (L.N. 165 of 2001; L.N. 14 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. 14 of 2018)(c) through any automated teller machine of a bank; (L.N. 165 of 2001)(d) by phone by using the service commonly known as PPS; (L.N. 165 of 2001; 10 of 2008 s. 50; L.N. 14 of 2018)(e) through the Internet; (L.N. 165 of 2001; L.N. 14 of 2018; 13 of 2024 s. 47)(f) through the phone-banking service provided by a bank; or (L.N. 14 of 2018; 13 of 2024 s. 47)(g) through any other payment method specified by the Commissioner of Police under regulation 2A in the notice. (13 of 2024 s. 47)(2) A person who wishes to pay the fixed penalty in accordance with subregulation (1)(a) or (b) must— (13 of 2024 s. 47)(a) deliver—(i) the notice to which the payment relates; or(ii) if the notice is served under section 3(4) or 3AAB(2) of the Ordinance—a printed copy of the notice made available for inspection under section 3(4)(a) or 3AAB(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. (13 of 2024 s. 47)(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.(4) Where any amount is paid otherwise than in accordance with this regulation, the Director of Accounting Services may return it to the payer.(5) Subject to subregulation (4), the Director of Accounting Services shall, as soon as practicable after payment of a fixed penalty has been made in accordance with subregulation (1)(b), send to the person paying a receipt for the payment.(L.N. 16 of 1977; L.N. 165 of 2001) 3A. Certificate of service A certificate of service under section 3AAF(1) of the Ordinance—(a) if it states the matters specified in section 3AAF(2)(a) of the Ordinance—must be in accordance with Form 2A in Schedule 1; and(b) if it states the matters specified in section 3AAF(2)(b) of the Ordinance—must be in accordance with Form 2B in Schedule 1.(13 of 2024 s. 48) 4. Certificate under section 8 A certificate under section 8 of the Ordinance must be in accordance with Form 3 in Schedule 1.(13 of 2024 s. 49) 5. Certificate under section 10 A certificate under section 10(3) of the Ordinance must be in accordance with Form 4 in Schedule 1.(13 of 2024 s. 50) Schedule 1 [regs. 3A, 4 & 5]Prescribed Forms (13 of 2024 s. 51) Form 1 (Repealed 13 of 2024 s. 51) __________ Form 2 (Repealed 13 of 2024 s. 51) __________ Form 2A Fixed Penalty (Criminal Proceedings) Ordinance(Chapter 240) CERTIFICATE OF POSTING OF DEMAND NOTICE(Section 3AAF(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 3AAB(1) of the Fixed Penalty (Criminal Proceedings) Ordinance (Cap. 240). 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. 51)__________ Form 2B Fixed Penalty (Criminal Proceedings) Ordinance(Chapter 240) CERTIFICATE OF ELECTRONIC SERVICE OFDEMAND NOTICE(Section 3AAF(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 3AAB(2)(a) of the Fixed Penalty (Criminal Proceedings) Ordinance (Cap. 240), 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 3AAB(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. 51) __________ Form 3 Fixed Penalty (Criminal Proceedings) Ordinance (Chapter 240) CERTIFICATE OF IDENTITY, REGISTERED ADDRESS, REGISTERED e-CONTACT MEANS AND NON-PAYMENT OF FIXED PENALTY (Section 8) This is to certify that— A. On the at about the registered owner of the motor vehicle bearing registration mark was— B. On the the registered address of the person specified at A above was— BA. On the the registered e-contact means of the person specified at A above was— C. On the the holder of driving licence number was— D. On the the registered address of the person specified at C above was— DA. On the the registered e-contact means of the person specified at C above was— E. On the the registered address of the person specified at above was— F. Before the full payment of the Fixed Penalty in respect of the offence shown at item in the Schedule to the Fixed Penalty (Criminal Proceedings) Ordinance (Cap. 240) specified in the Demand Notice bearing the number and dated was not made. G. Before the the person specified at above had not notified the Commissioner of Police that he wished to dispute liability for the offence specified at F above. (Date) (Signature) (Full Name) for Commissioner of Police. (L.N. 89 of 1984; 13 of 2024 s. 51)__________ Form 4 Fixed Penalty (Criminal Proceedings) Ordinance (Chapter 240) CERTIFICATE OF CLEARANCE (Section 10(3)) This is to certify that there are no fines or costs unpaid by the registered owner of motor vehicle registration mark Issued on the . day of . at . a.m./p.m. for Commissioner for Transport. NOTE: This certificate remains valid for not more than 72 hours from the time of issue. (L.N. 533 of 1995; L.N. 165 of 2001; 13 of 2024 s. 51) Schedule 2 [reg. 2]Prescribed Information (Schedule 2 added 13 of 2024 s. 52) 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 scheduled offence—(a) the statutory provision contravened;(b) the time, date and location of the commission of the offence;(c) the code number representing the offence 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 scheduled offence 5. The method of enquiry 6. The police number of the police officer authorized to issue the fixed penalty notice 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 scheduled offence—(a) the time, date and location of the commission of the offence;(b) the code number representing the offence 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 scheduled offence;(iii) an explanation of the code number used to represent the offence;(iv) other matters relating to the offence 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 scheduled offence—(a) the statutory provision contravened;(b) a description of the offence;(c) the time, date and location of the commission of the offence 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 scheduled offence 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 scheduled offence—(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 scheduled offence—(a) the time, date and location of the commission of the offence;(b) the code number representing the offence 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 scheduled offence 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 scheduled offence;(iii) an explanation of the code number used to represent the offence;(iv) other matters relating to the offence, fixed penalty or dispute of liability 8. The method of enquiry