Cap. 594 sub. leg. B

Tsing Sha Control Area (Tolls, Fees and Charges) Regulation(Cap. 594, section 26(1)) (Enacting provision omitted — E.R. 1 of 2018)[21 March 2008] L.N. 29 of 2008(Format changes — E.R. 1 of 2018) Part 1 Preliminary (20 of 2021 s. 63) 1. (Omitted as spent — E.R. 1 of 2018) 2. Interpretation In this Regulation, unless the context otherwise requires—articulated vehicle (掛接車輛) has the meaning assigned to it by regulation 2 of the Road Traffic (Construction and Maintenance of Vehicles) Regulations (Cap. 374 sub. leg. A);autotoll booth (自動收費亭) has the meaning assigned to it by section 2(1) of the General Regulation;collecting authority (收費當局) means the Commissioner or the toll service provider; (20 of 2021 s. 64)complainant (申訴人) means a person who makes a complaint under section 4M; (20 of 2021 s. 64)complaint (申訴) means a complaint made under section 4M; (20 of 2021 s. 64)defendant (被告人) means—(a) in relation to an application or order made under section 4J—a person in respect of whom the application or order is made;(b) in relation to a complaint—a person who has been served with a summons in relation to the complaint under section 4M(3); or(c) in relation to an order made on a complaint—a person in respect of whom the order is made; (20 of 2021 s. 64)disabled person (傷殘人士) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap. 374);electronic payment facility (電子繳費設施) means a facility approved by the Commissioner for processing payment of tolls through an electronic system, other than a facility installed under section 18(1)(a) of the General Regulation; (L.N. 36 of 2017)electronic toll pass (電子繳費通行裝置) has the meaning assigned to it by section 2(1) of the General Regulation;further surcharge (額外附加費) means a further surcharge imposed under section 4D(3); (20 of 2021 s. 64)General Regulation (《一般規例》) means the Tsing Sha Control Area (General) Regulation (Cap. 594 sub. leg. A);Government vehicle (政府車輛) has the meaning assigned to it by regulation 2 of the Road Traffic (Driving Licences) Regulations (Cap. 374 sub. leg. B);heavy goods vehicle (重型貨車) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap. 374);initial surcharge (首筆附加費) means an initial surcharge imposed under section 4D(1); (20 of 2021 s. 64)international circulation permit (國際通行許可證) has the meaning given by regulation 2(1) of the Registration and Licensing Regulations; (20 of 2021 s. 64)judgment amount (判決款額) means an amount ordered by a magistrate to be paid by a person (other than a complainant) under this Regulation, whether by way of unpaid toll, initial or further surcharge, penalty or costs; (20 of 2021 s. 64)light goods vehicle (輕型貨車) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap. 374);medium goods vehicle (中型貨車) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap. 374);motor cycle (電單車) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap. 374);motor tricycle (機動三輪車) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap. 374);movement permit (車輛行駛許可證) has the meaning given by regulation 2(1) of the Registration and Licensing Regulations; (20 of 2021 s. 64)notice of rejection (否決通知)—see section 4H(1); (20 of 2021 s. 64)permitted gross vehicle weight (許可車輛總重) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap. 374);prescribed facilities (訂明設施) has the meaning given by section 18(7) of the Ordinance; (20 of 2021 s. 64)private bus (私家巴士) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap. 374);private car (私家車) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap. 374);private light bus (私家小巴) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap. 374);public bus (公共巴士) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap. 374);public light bus (公共小巴) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap. 374);Registration and Licensing Regulations (《登記及領牌規例》) means the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap. 374 sub. leg. E); (20 of 2021 s. 64)responsible person (負責人), in relation to a motor vehicle, means—(a) unless paragraph (b) applies—the registered owner of the vehicle; or(b) if the vehicle is used under an international circulation permit, a movement permit or a trade licence—the holder of the international circulation permit, movement permit or trade licence (as the case requires); (20 of 2021 s. 64)special purpose vehicle (特別用途車輛) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap. 374);surcharge notice (附加費通知)—see section 4E; (20 of 2021 s. 64)taxi (的士) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap. 374);toll (使用費) means the toll referred to in section 3; (20 of 2021 s. 64)toll ticket (使用費代用券) has the meaning assigned to it by section 2(1) of the General Regulation;trade licence (試車牌照) has the meaning given by regulation 2(1) of the Registration and Licensing Regulations; (20 of 2021 s. 64)trailer (拖車) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap. 374). Part 2 Tolls, Surcharges and Recovery Proceedings (20 of 2021 s. 65) Division 1 General Provisions (20 of 2021 s. 66) 3. Liability for, and amount of, toll (1) The toll payable for each occasion of use of the toll area by a vehicle is the appropriate toll specified in Schedule 1, and the liability to pay the toll arises once the vehicle has entered the toll area.(2) No toll is payable under subsection (1) in respect of—(a) a Government vehicle;(b) a vehicle used by an operator in the course of the operator’s duty;(c) a vehicle that is driven by a disabled person and is exempted by the Commissioner from the operation of subsection (1); or(d) a vehicle or trailer being towed by another vehicle.(3) Buses in respect of which a franchise is in force under the Public Bus Services Ordinance (Cap. 230) are exempted from the operation of subsection (1).(4) The Commissioner may exempt any vehicle from the operation of subsection (1) if the Commissioner considers it in the public interest to do so.(5) The Commissioner may waive the toll payable under subsection (1) in the event of an emergency or in special circumstances.(6) An exemption under subsection (4) or a waiver under subsection (5)—(a) may be given in respect of a vehicle or class of vehicles;(b) may be—(i) the same for all cases;(ii) different for different cases or classes of cases; or(iii) different for the same class of cases for different purposes;(c) may be given either unconditionally or subject to any specified conditions, and either wholly or to such an extent as is specified; and(d) may apply at all times or at particular times or periods of time.(7) An instrument by which an exemption under subsection (4), or a waiver under subsection (5), is given is not subsidiary legislation.(20 of 2021 s. 67) 3A. Payment of tolls when operation in booth mode and boothless mode (1) Division 2 applies in relation to the collection and recovery of tolls payable for the use of the toll area operated in booth mode.(2) Division 3 applies in relation to the collection and recovery of tolls payable for the use of the toll area operated in boothless mode.(20 of 2021 s. 68) Division 2 Provisions Applicable to Booth Mode Operation (Division 2 added 20 of 2021 s. 69) 3B. Driver liable if toll not paid (1) Unless the Commissioner determines otherwise in the event of an emergency or in special circumstances, the toll payable in respect of a vehicle for each occasion of use of the toll area must be paid in full in a manner specified in subsection (2) before the vehicle is driven out of the toll area.(2) The toll—(a) must be paid to the toll collector on duty at a toll booth that is not an autotoll booth—(i) in cash;(ii) by tendering one or more toll tickets of the appropriate values; or(iii) partly in cash and partly by tendering one or more toll tickets of the appropriate values;(b) must be paid by using an electronic payment facility that is in operation at a toll booth; or(c) must be paid by driving the vehicle past an autotoll booth and debiting the account of an electronic toll pass maintained in respect of the vehicle.(3) If subsection (1) is contravened in respect of a vehicle, the driver of the vehicle commits an offence and is liable on conviction to a fine at level 2. 4. Surcharge imposed for non-payment of toll (20 of 2021 s. 70)(1) In the event of a failure to pay a toll or any part of a toll in respect of a vehicle in accordance with section 3B, the driver of the vehicle is liable to pay, in addition to the amount of the toll that has not been paid, to the Commissioner or an operator the surcharge specified in column 3 of Schedule 2.(2) The imposition of a surcharge under subsection (1) is without prejudice to any proceedings that may be instituted in respect of an offence under section 3B(3).(3) If the driver of a vehicle fails, on demand in writing made to him by the Commissioner or an operator, to pay a surcharge payable under subsection (1) within 21 days of the service of the demand on him, he commits an offence and is liable on conviction to a fine at level 2. (L.N. 23 of 2008)(4) A demand made under subsection (3) shall be served by sending it to the driver at his last known address by registered post or recorded delivery.(20 of 2021 s. 70) Division 3 Provisions Applicable to Boothless Mode Operation (Division 3 added 20 of 2021 s. 71) Subdivision 1 Toll Payment Requirements and Surcharges 4A. Responsible person liable for toll (1) On each occasion of use of the toll area by a vehicle, the responsible person of the vehicle is liable for a toll payable for the use, which toll must be paid in full—(a) by automated payment made in accordance with arrangements made with a collecting authority; or(b) by a means of payment specified under subsection (3) within 14 business days after the vehicle enters the toll area on the occasion of use.(2) Despite subsection (1), the Commissioner may, in the event of an emergency or in special circumstances, give approval for any toll payable in respect of a vehicle for the use of the toll area on any occasion to be paid by any means of payment and within any period, and the responsible person must pay, or cause to be paid, the toll accordingly.(3) For the purposes of subsection (1)(b), the Commissioner—(a) may, by notice published in the gazette, specify a means of payment for tolls payable for the use of the toll area; and(b) may, for the purposes of paragraph (a), specify different means of payment for different cases or different classes of cases.(4) A notice published under subsection (3)(a) is not subsidiary legislation. 4B. Whether absence of knowledge or consent etc. constitutes defence In any proceedings under this Division against the responsible person of a vehicle for the recovery of any unpaid toll, initial or further surcharge, penalty or other sum in respect of the use of the toll area by the vehicle on an occasion—(a) subject to paragraph (b), it is no defence—(i) that the use by the vehicle on the occasion was without the knowledge or consent of the responsible person; or(ii) that the vehicle was, at the time of the use on the occasion, driven by or in the charge of a person other than the responsible person; and(b) it is a defence if the responsible person proves that, at the time of use by the vehicle on the occasion, the vehicle—(i) was taken and driven away without the responsible person’s consent by a person other than a driver employed by the responsible person; or(ii) was stolen. 4C. Refund of sum received as toll (1) This section applies if it is stated in the collecting authority’s record in relation to a vehicle (vehicle A)—(a) that vehicle A has used the toll area on a particular occasion (stated occasion of use); and(b) that a sum has been paid to the collecting authority as the toll payable in respect of vehicle A for the stated occasion of use (paid sum).(2) A collecting authority is not under an obligation to make a refund in respect of the paid sum unless—(a) a claim is made to the collecting authority in accordance with this section; and(b) the collecting authority is satisfied that—(i) vehicle A was not the vehicle using the toll area on the stated occasion of use; or(ii) the responsible person of vehicle A was, for any other reason, under no liability to pay the paid sum to the collecting authority.(3) A claim for refund of a paid sum may only be made by the responsible person of vehicle A.(4) A claim for refund of a paid sum must be made by notice in the form specified by the collecting authority, and the notice—(a) must state the reasons for the claim; and(b) must be sent to the collecting authority before the expiry of 60 days after the stated occasion of use (60-day period).(5) Subsections (3) and (4) are taken to have been complied with in respect of a paid sum if, before the expiry of the 60-day period, the responsible person of vehicle A, by written notice to the collecting authority, disputes that vehicle A used the toll area on the stated occasion of use.(6) Section 4U applies to a refund made pursuant to a claim made under this section.(7) In this section—collecting authority’s record (收費當局紀錄), in relation to a vehicle, means a record of a collecting authority that contains particulars of payment of tolls incurred in respect of the vehicle and is accessible—(a) to the responsible person of the vehicle; and(b) if the responsible person requests that another person be given access to the record, to that other person. 4D. Initial and further surcharges imposed for non-payment of toll (1) If a toll payable for the use of the toll area by a vehicle is not paid in accordance with section 4A, the responsible person is liable to pay to the collecting authority an initial surcharge, of the amount specified in item 1 of Part 2 of Schedule 2A, for the non-payment.(2) The initial surcharge, in addition to the unpaid toll, must be paid in full by the expiry of 21 days after the date on which a surcharge notice relating to the toll is served (service date).(3) If the responsible person fails to comply with subsection (2), the responsible person is also liable to pay to the collecting authority a further surcharge, of the amount specified in item 2 of Part 2 of Schedule 2A.(4) The further surcharge, in addition to the unpaid toll and initial surcharge, must be paid in full by the expiry of 42 days after the service date. Subdivision 2 Surcharge Notice, Dispute of Liability and Notice of Rejection 4E. Surcharge notice (1) A collecting authority may serve a notice (surcharge notice) if—(a) a toll is payable for the use of the toll area by a vehicle; and(b) the toll has not been paid in full by the means of payment, and within the time, specified in section 4A.(2) The surcharge notice must be served on the person who was the responsible person of the vehicle at the time when the toll was incurred (recipient).(3) The surcharge notice must be in a form specified by the Commissioner and must—(a) state the date of the notice;(b) state the name of the collecting authority;(c) state the vehicle registration mark, trade plate number or movement permit number of the vehicle;(d) state the date and time at which the vehicle used the toll area and the toll to which the surcharge notice relates was incurred;(e) state the amount of the toll for which the recipient is liable and which remains unpaid;(f) state the amount of the initial surcharge that is payable, in addition to the unpaid toll, by the recipient within 21 days after the service of the surcharge notice (21-day period);(g) state that, if the recipient fails to pay the unpaid toll and the initial surcharge in full by the expiry of the 21-day period, a further surcharge is also payable, in addition to the unpaid toll and initial surcharge, by the recipient within 42 days after the service of the surcharge notice (42-day period);(h) state the amount of the further surcharge;(i) state the means of payment by which the unpaid toll, the initial surcharge, and (if applicable) the further surcharge must be paid;(j) state that, if the recipient wishes to dispute the liability for any of the unpaid toll and initial and further surcharges, the recipient must, within the 42-day period—(i) notify the collecting authority in writing; and(ii) make written representations to the collecting authority to that effect;(k) state the address (including, if appropriate, any email address or fax number, as well as the postal address) to which the notification and representations must be sent and the form in which the representations must be made;(l) state that the collecting authority may disregard any such notification and representations received by it after the expiry of the 42-day period;(m) state that any such notification and representations do not affect the imposition of the further surcharge as referred to in paragraph (g);(n) state that if the recipient neither makes payment, nor gives notification, in accordance with the surcharge notice, an application may be made under section 4J for recovering the unpaid toll and initial and further surcharges; and(o) state that a magistrate may, by an order under section 4J, require the recipient to pay, in addition to the unpaid toll and initial and further surcharges, a penalty and costs and may also give a direction referred to in section 4K.(4) A surcharge notice may contain such other information as the collecting authority considers appropriate. 4F. Notification of dispute of liability (1) If a collecting authority serves a surcharge notice on a person (recipient) under section 4E, and the recipient wishes to dispute liability for any of the unpaid toll and initial and further surcharges, the recipient must, within 42 days after the service of the surcharge notice (42-day period)—(a) notify the collecting authority in writing; and(b) make written representations to the collecting authority to that effect.(2) The collecting authority may disregard any such notification and representations that it receives after the expiry of the 42-day period. 4G. Cancellation of surcharge notice (1) If a collecting authority is satisfied that a surcharge notice served on a person should be cancelled, it must—(a) cancel the surcharge notice and notify the person of the decision in writing; and(b) refund any sum of money paid in compliance with the surcharge notice.(2) The cancellation of a surcharge notice under subsection (1) does not prevent the collecting authority from serving a fresh surcharge notice on the person or another person in respect of toll payable for the use of the toll area on the same or another occasion.(3) Section 4U applies to a refund made under subsection (1)(b). 4H. Notice of rejection (1) If—(a) a person on whom a surcharge notice was served (recipient) has notified the collecting authority that the recipient disputes liability for any of the unpaid toll and initial and further surcharges to which the surcharge notice relates; but(b) the collecting authority is not satisfied that the surcharge notice should be cancelled,the collecting authority may serve on the recipient a notice referred to in subsection (2) (notice of rejection).(2) The notice of rejection must—(a) state that the collecting authority is not satisfied that the surcharge notice should be cancelled, and state the collecting authority’s reasons;(b) state that the collecting authority demands that the recipient must pay, in full, the unpaid toll and initial and further surcharges to which the surcharge notice relates and which remain unpaid (unpaid sums);(c) state that the recipient must notify the collecting authority if the recipient wishes to dispute liability for any of the unpaid sums;(d) state that the payment or notification must be made or given by whichever is the later of the following (deadline)—(i) the expiry of 42 days after the service of the surcharge notice;(ii) the expiry of 7 days after the service of the notice of rejection;(e) state that if the recipient neither makes payment, nor gives notification, in accordance with the notice of rejection, an application may be made under section 4J for recovering the unpaid sums;(f) state that if the recipient notifies the collecting authority by the deadline that the recipient disputes liability, summons may be issued against the recipient for proceedings under Subdivision 4 before a magistrate for recovering the unpaid sums; and(g) state that, in disposing of any application or proceedings referred to in paragraph (e) or (f), a magistrate may order the recipient to pay, in addition to the unpaid sums, a penalty and costs and may also give a direction referred to in section 4K.(3) A notice of rejection may contain such other information as the collecting authority considers appropriate.(4) A notice of rejection is not to be served under subsection (1) after the expiry of 6 months after the date on which the toll to which the notice relates was incurred. 4I. Withdrawal of notice of rejection (1) If a notice of rejection has been served on a person, the collecting authority may withdraw the notice at any time—(a) before an order is made under section 4J in relation to the person; or(b) before proceedings under Subdivision 4 are commenced against the person.(2) If a notice of rejection is withdrawn, the collecting authority must—(a) serve a notice of the withdrawal on the person; and(b) refund any sum of money paid in compliance with the notice of rejection.(3) The withdrawal of a notice of rejection under subsection (1) does not prevent the collecting authority from serving a fresh notice of rejection on the person or another person in respect of toll payable for the use of the toll area on the same or another occasion.(4) Section 4U applies to a refund made under subsection (2)(b). Subdivision 3 Recovery Proceedings before Issue of Summons 4J. Application to magistrate if surcharge notice or notice of rejection is not responded to (1) An application may be made to a magistrate for an order under subsection (3) in respect of a person if—(a) the person—(i) has been served with a surcharge notice;(ii) has not paid, in full, the unpaid toll and initial and further surcharges to which the surcharge notice relates; and(iii) has not notified the collecting authority, in accordance with the surcharge notice, that the person wishes to dispute liability for any of the sums to which the surcharge notice relates; or(b) the person—(i) has been served with a notice of rejection;(ii) has not paid, in full, the unpaid toll and initial and further surcharges to which the notice of rejection relates; and(iii) has not notified the collecting authority, in accordance with the notice of rejection, that the person wishes to dispute liability for any of the sums to which the notice of rejection relates.(2) The application must be made in the name of the Secretary for Justice and must be accompanied by the documents specified in subsection (4).(3) A magistrate hearing an application made in accordance with this section in respect of a person (defendant)—(a) must order the defendant to pay, within 14 days after being served with notice of the order, in full—(i) the unpaid toll and initial and further surcharges to which the surcharge notice or the notice of rejection (as the case requires) relates and which remain unpaid;(ii) a penalty of an amount equal to the amount of the further surcharge; and(iii) any additional sum by way of costs; and(b) may also give a direction referred to in section 4K and make or give any other order or direction that the magistrate considers appropriate.(4) For an application under this section for recovering any toll for the use of the toll area by a vehicle in a particular direction (specified direction) at a particular time (material time) and for any related initial and further surcharges, the documents specified for the purposes of subsection (2) are—(a) if subsection (1)(a) applies—(i) a copy of the surcharge notice; and(ii) a certificate, produced under section 19 of the Ordinance, stating that—(A) the surcharge notice has been served on the defendant in accordance with section 29A of the Ordinance; and(B) the defendant had not notified the collecting authority that the defendant wished to dispute liability for any of the sums to which the surcharge notice relates by the expiry of the period of 42 days after the service of the surcharge notice;(b) if subsection (1)(b) applies—(i) a copy of the notice of rejection; and(ii) a certificate, produced under section 19 of the Ordinance, stating that—(A) the notice of rejection has been served on the defendant in accordance with section 29A of the Ordinance; and(B) the defendant had not notified the collecting authority that the defendant wished to dispute liability for any of the sums to which the notice of rejection relates by the deadline (within the meaning of section 4H(2)(d)); and(c) in all cases—(i) a certificate, produced under section 19 of the Ordinance, stating that, at the material time, the toll area was operated, for traffic flow in the specified direction, in boothless mode;(ii) a record and a certificate, produced under section 18 of the Ordinance, stating that a vehicle, identified by a toll tag used in connection with the vehicle or by vehicle registration mark, trade plate number or movement permit number, was detected by prescribed facilities to have used the toll area in the specified direction at the material time;(iii) a certificate, produced under section 19 of the Ordinance, either—(A) stating that the defendant was the registered owner of the vehicle at the material time, and stating the defendant’s registered address; or(B) stating that the defendant was the holder of the international circulation permit, movement permit or trade licence under which the vehicle was used at the material time, and stating the defendant’s address last known to the Commissioner; and(iv) a certificate, produced under section 19 of the Ordinance, stating that the toll for the use of the toll area at the material time by the vehicle and related initial and further surcharges (as appropriate) remain wholly or partly unpaid, and stating the particulars of the unpaid sums.(5) An application under this section may be made in the absence of the defendant and the Secretary for Justice may appoint any person or class of persons to make the application.(6) If any order or direction is made or given under subsection (3), the magistrate must cause notice of the order or direction to be served on the defendant. 4K. Direction to refuse applications for vehicle licence, registration of vehicle, etc. (1) This section applies if—(a) a person is liable for any unpaid toll and initial and further surcharges which remain unpaid, as—(i) the registered owner of a vehicle; or(ii) the holder of the following under which a vehicle is used—(A) an international circulation permit or a movement permit; or(B) a trade licence; and(b) consequently, a magistrate makes an order under section 4J(3), 4L(8) or (11), 4O(4) or 4P(6) (order), for the person (judgment debtor) to pay a judgment amount.(2) When making the order, the magistrate may give a direction that, for so long as the judgment debtor fails to pay the judgment amount in full—(a) (if subsection (1)(a)(i) applies) the Commissioner—(i) is to take no action under regulation 17(3), (3A), (4) or (5) of the Registration and Licensing Regulations on receipt of any notice of transfer of ownership of the vehicle; and(ii) is to refuse to license the vehicle under regulation 21(3), (5) or (6) of those Regulations;(b) (if subsection (1)(a)(ii)(A) applies) the Commissioner—(i) is to take no action under regulation 31 or 53 of the Registration and Licensing Regulations on receipt of an application for an international circulation permit or a movement permit in respect of the vehicle; and(ii) is to refuse to register the vehicle under the Registration and Licensing Regulations; or(c) (if subsection (1)(a)(ii)(B) applies) the Commissioner is to take no action under regulation 43 of the Registration and Licensing Regulations on receipt of the judgment debtor’s application for a trade licence.(3) If the judgment amount under the order is not paid within 24 hours after the giving of the direction under subsection (2), the magistrate must cause notice of the order and the direction to be sent to the Commissioner.(4) A direction under subsection (2) ceases to have effect if the judgment debtor produces to the Commissioner a receipt or other evidence to prove that the judgment amount has been paid in full.(5) A direction under subsection (2)(a) ceases to have effect if—(a) the judgment debtor sells or otherwise disposes of the vehicle; and(b) the new owner of the vehicle is, at the time of the delivery of the notice of transfer of ownership of the vehicle under regulation 17 of the Registration and Licensing Regulations, in possession of a valid certificate of clearance.(6) A certificate of clearance is a certificate issued by the Commissioner stating that no notice of a valid direction under subsection (2)(a) appears in the records of the Commissioner in respect of the vehicle.(7) For the purposes of subsection (5)(b), a certificate of clearance is valid for not more than 72 hours from the time of issue; but no day that is a general holiday is taken into account in computing that period of 72 hours. 4L. Review and rescission of section 4J(3) order (1) This section applies if an order is made under section 4J(3) (specified order) against a person on the basis that the person neither makes payment, nor gives notification, in accordance with a surcharge notice or notice of rejection served on the person.(2) A magistrate may rescind the specified order if, on the person’s application, the magistrate is satisfied that the surcharge notice or notice of rejection has not come to the personal notice of the person without any fault on the part of the person.(3) An application for the purposes of subsection (2) must be made within 14 days after the date on which the specified order came to the personal notice of the applicant.(4) The applicant must give reasonable notice of the application to the Commissioner.(5) An application for the purposes of subsection (2) may be made in person or by counsel or solicitor and the magistrate, for the purpose of securing the attendance of witnesses and generally for conducting the proceedings, has all the powers of a magistrate hearing a complaint under the Magistrates Ordinance (Cap. 227).(6) Subsections (7) and (8) apply if the magistrate rescinds a specified order relating to an unpaid toll because the surcharge notice has not come to the personal notice of the applicant.(7) If the applicant wishes to dispute liability for the unpaid toll, the magistrate must order that the matter be determined in accordance with Subdivision 4.(8) If the applicant does not wish to dispute liability for the unpaid toll, the magistrate—(a) must also make an order in the following terms—(i) that the applicant must pay the unpaid toll in full within 14 days after the date on which the order is made; and(ii) that, if the applicant fails to pay the unpaid toll in full within that period, the applicant immediately becomes liable to pay, in addition to the unpaid toll—(A) an initial surcharge and a further surcharge; and(B) a penalty of an amount equal to the amount of the further surcharge; and(b) may further give a direction referred to in section 4K and make or give any other order or direction that the magistrate considers appropriate.(9) Subsections (10) and (11) apply if the magistrate rescinds a specified order relating to any unpaid toll and initial and further surcharges (unpaid sums) because the notice of rejection has not come to the personal notice of the applicant.(10) If the applicant wishes to dispute liability for any of the unpaid sums, the magistrate must order that the matter be determined in accordance with Subdivision 4.(11) If the applicant does not wish to dispute liability for any of the unpaid sums, the magistrate—(a) must also make an order in the following terms—(i) that the applicant must pay the unpaid sums in full within 14 days after the date on which the order is made; and(ii) that, if the applicant fails to pay the unpaid sums in full within that period, the applicant immediately becomes liable to pay, in addition to the unpaid sums, a penalty of an amount equal to the amount of the further surcharge; and(b) may further give a direction referred to in section 4K and make or give any other order or direction that the magistrate considers appropriate.(12) A magistrate may for good cause, on an application by the Commissioner at any time, rescind any specified order. Subdivision 4 Issue of Summons and Subsequent Recovery Proceedings 4M. Complaint to magistrate if liability is disputed (1) If—(a) a person has been served with a notice of rejection relating to any unpaid toll and initial and further surcharges and the person has notified the collecting authority, in accordance with the notice of rejection, that the person wishes to dispute liability for any of the sums; or(b) a magistrate, having rescinded an order made under section 4J(3) against a person, makes an order under section 4L(7) or (10) regarding a person’s dispute of liability for any unpaid toll and initial and further surcharges,the matter is to be determined in accordance with this Subdivision by a magistrate in a summary way on complaint made in the name of the Secretary for Justice.(2) A complaint is not to be made later than—(a) if subsection (1)(a) applies—the expiry of 6 months after the person notifies the collecting authority, in accordance with the notice of rejection, that the person wishes to dispute liability; or(b) if subsection (1)(b) applies—the expiry of 6 months after the date on which the order under section 4L(7) or (10) is made.(3) A summons issued in relation to a complaint under subsection (1) must be served on the person referred to in that subsection.(4) The Secretary for Justice may appoint any person or class of persons to make a complaint. 4N. Payment of unpaid toll and surcharges after service of summons (1) Proceedings on a complaint terminate if the defendant—(a) pays to any magistrate’s court, not later than 2 clear business days before the day specified in the summons for the defendant’s appearance at the hearing of the complaint, in full—(i) the unpaid toll and initial and further surcharges to which the complaint relates;(ii) a penalty of an amount equal to the amount of the further surcharge; and(iii) the sum of $500 by way of costs; and(b) produces the summons when making the payment.(2) For calculating the number of clear business days in subsection (1)(a), the day specified in the summons for the appearance of the defendant is to be excluded. 4O. Proceedings in absence of defendant (1) If the defendant does not appear at the time and place appointed for the hearing of a complaint, or at any adjourned hearing, the magistrate may, subject to this section, proceed to hear and determine the complaint in the absence of the defendant.(2) The magistrate must not hear the complaint in the absence of the defendant unless—(a) a certificate of service of the summons on the defendant is produced under section 19 of the Ordinance and the magistrate is satisfied that the summons was served a reasonable time before the time appointed for the hearing; or(b) the defendant has appeared on a previous occasion to answer the complaint.(3) Section 4Q applies to the proof of the complaint.(4) If the substance of the complaint is proved, the magistrate hearing the complaint—(a) must order the defendant to pay in full, within 14 days after being served with notice of the order, the unpaid toll and initial and further surcharges to which the complaint relates;(b) may also order the defendant to pay within the 14 days—(i) a penalty of an amount as the magistrate may determine which must not be less than the amount of the further surcharge and must not exceed $5,000; and(ii) any additional sum by way of costs; and(c) may further give a direction referred to in section 4K and make or give any other order or direction that the magistrate considers appropriate.(5) If any order or direction is made or given under subsection (4), the magistrate must cause notice of the order or direction to be served on the defendant. 4P. Hearing of complaint in presence of defendant (1) This section applies if a defendant is present at a hearing of a complaint and does not admit the truth of the complaint.(2) Section 4Q applies to the proof of the complaint.(3) The magistrate is to require the defendant to state the nature of the defendant’s defence.(4) If the defendant does not, immediately on the magistrate’s requirement under subsection (3), expressly put in issue any allegation of fact contained in a document purporting to be a record or certificate and produced under section 18 or 19 of the Ordinance, the defendant may not at any later stage dispute or adduce evidence to contradict any such fact contained in the document, without the leave of the magistrate.(5) After the magistrate makes a requirement under subsection (3) and the defendant has stated, or has been given an opportunity to state, the nature of the defendant’s defence, the magistrate—(a) may proceed to the hearing of the complaint and adjudicate on the complaint; or(b) may adjourn the proceedings and may issue a summons for the appearance of any witness.(6) If the substance of a complaint is proved, the magistrate must order the defendant to pay, in full, the unpaid toll and initial and further surcharges to which the complaint relates.(7) If an order is made under subsection (6) against a defendant who, having appeared at a hearing of a complaint, offers no defence or a defence that is frivolous or vexatious—(a) the magistrate may also order the defendant to pay a penalty of an amount determined by the magistrate; and(b) the amount of the penalty must not be less than the amount of the further surcharge and must not exceed $5,000.(8) A magistrate making an order under subsection (6) may further give a direction referred to in section 4K and make or give any other order or direction that the magistrate considers appropriate. 4Q. Proof of complaint by certificates When a complaint, made for recovering any toll for the use of the toll area by a vehicle in a particular direction (specified direction) at a particular time (material time) and any related initial and further surcharges, is heard by a magistrate under section 4O or 4P, the substance of the complaint may be proved by the production of all of the following, in the absence of evidence to the contrary—(a) a certificate, produced under section 19 of the Ordinance, stating that, at the material time, the toll area was operated, for traffic flow in the specified direction, in boothless mode;(b) a record and a certificate, produced under section 18 of the Ordinance, stating that the vehicle, identified by a toll tag used in connection with the vehicle or by the vehicle registration mark, trade plate number or movement permit number, was detected by prescribed facilities to have used the toll area in the specified direction at the material time;(c) a certificate, produced under section 19 of the Ordinance, either—(i) stating that the defendant was the registered owner of the vehicle at the material time, and stating the defendant’s registered address; or(ii) stating that the defendant was the holder of the international circulation permit, movement permit or trade licence under which the vehicle was used at the material time, and stating the defendant’s address last known to the Commissioner;(d) a certificate, produced under section 19 of the Ordinance, stating that the toll for the use of the toll area at the material time by the vehicle and related initial and further surcharges (as appropriate) remain wholly or partly unpaid, and stating the particulars of the unpaid sums. 4R. Costs order (1) If a magistrate dismisses a complaint, the magistrate may at the same time make an order for the payment of costs by the complainant of an amount that the magistrate considers appropriate.(2) If, on a complaint, a magistrate orders the defendant to pay any unpaid toll or initial or further surcharge (with or without a penalty), the magistrate may also order the defendant to pay costs of an amount that the magistrate considers appropriate. 4S. Discontinuance of complaint The complainant may, without the leave of the magistrate, discontinue a complaint against a defendant at any stage of the proceedings by giving a notice in writing to the defendant and to the magistrate concerned. 4T. Distress in cases of non-payment of judgment amount (1) If a person is ordered under section 4J(3), 4L(8) or (11), 4O(4) or 4P(6) to pay a judgment amount (each order is referred to as a specified order), a magistrate, on an application made in the name of the Secretary for Justice (application), may order that the amounts specified in subsection (2) be levied on any goods and chattels of the person by distress and sale.(2) The amounts specified for subsection (1) are—(a) either—(i) if the application relates to 1 specified order—any part of the judgment amount of the specified order that remains unpaid after the expiry of 1 month after the date of the specified order; or(ii) if the application relates to 2 or more specified orders—the aggregate of any part of the judgment amount of each specified order that remains unpaid after the expiry of 1 month after the date of the specified order;(b) an additional sum, by way of costs for making the application (but not any further proceedings), of an amount determined by the magistrate which must not be less than $50 and must not exceed an amount equal to—(i) if paragraph (a)(i) applies—the total amount of the initial and further surcharges payable under the specified order; or(ii) if paragraph (a)(ii) applies—the aggregate of the total amount of the initial and further surcharges payable under each specified order; and(c) any subsequent costs in the proceedings including the costs of an application under this section.(3) For the purposes of section 4K, the sums referred to in subsection (2)(b) and (c) must be treated as if they were included in the judgment amount.(4) The application may be made in the absence of that person and the Secretary for Justice may appoint any person or class of persons to make the application. Subdivision 5 Miscellaneous Provisions 4U. Discharge of collecting authority’s obligation to refund (1) This section applies if a sum was paid to the collecting authority to discharge the liability of a responsible person of a vehicle for any toll, initial or further surcharge, penalty or cost payable under this Division.(2) Any obligation of the collecting authority to refund the sum is discharged by the collecting authority refunding the sum—(a) if the sum was paid to the collecting authority out of an account—by paying the sum into the account; or(b) whether or not paragraph (a) applies—by paying the sum to the responsible person.(3) This section applies—(a) regardless of the identity of the person by whom, or the means by which, the sum concerned was paid to the collecting authority; and(b) regardless of whether any arrangement for payment or reimbursement referred to in section 4V(1) exists. 4V. No prejudice to payment or reimbursement arrangement (1) This Division does not prejudice any arrangement made in respect of a vehicle for either or both of the following—(a) the payment of a specified sum by another person to discharge the responsible person’s liability;(b) the reimbursement by another person to the responsible person for paying a specified sum.(2) Without limiting subsection (1), if—(a) either—(i) an amount was formerly paid by another person to a collecting authority purporting to discharge the responsible person’s liability for a specified sum; or(ii) an amount was formerly paid by another person to the responsible person purporting to reimburse the responsible person for paying a specified sum; and(b) any amount is refunded by a collecting authority to the responsible person in respect of the specified sum,section 4U does not prejudice any right which that other person may have, against the responsible person, in respect of the refunded amount.(3) In this section—specified sum (指明款項) means any of the following sums for which the responsible person of a vehicle is liable under this Division—(a) any toll incurred for the use of the toll area by the vehicle;(b) any initial and further surcharges, penalty and costs payable under this Division in connection with the toll or its recovery. Part 3 Miscellaneous Fees and Charges (20 of 2021 s. 72) 5. Escort fee If the Commissioner or an operator requires a vehicle to be escorted under section 22(1) of the General Regulation when passing through the Control Area, the owner and the driver of the vehicle are jointly and severally liable to pay to the Commissioner or an operator a fee calculated at the rate specified in column 3 of Schedule 3. 6. Change and administration fee for change if toll area operated in booth mode (20 of 2021 s. 73)(1A) This section applies to the toll area operated in booth mode. (20 of 2021 s. 73)(1) If—(a) a person pays a toll by tendering a toll ticket and the value of the toll ticket exceeds the toll; or(b) a person pays a toll by tendering more than one toll ticket and the total value of the toll tickets exceeds the toll,he is not entitled to be given any change.(2) If a person pays in excess of the toll at a toll booth displaying the prescribed traffic sign shown as Figure No. 16 in the Schedule to the General Regulation, he is not entitled to be given any change.(3) Subject to subsections (1) and (2), if a person proves that—(a) he paid in excess of the toll at a toll booth that is not an autotoll booth; and(b) he did not receive the change before driving the vehicle away from the toll booth,the change shall be given only on the payment to the Commissioner or an operator of the administration fee specified in column 3 of Schedule 4.(4) An administration fee payable under subsection (3) may be collected by deduction from the change. 7. Permit fee, etc. (1) In this section and Schedule 5, permit (許可證) means a permit issued under section 20(2) of the General Regulation.(2) The applicant for a permit shall, on the issue of the permit, pay to the Commissioner or an operator the fee specified in column 3 of Schedule 5.(3) The Commissioner may determine the fee for processing an application for a permit.(4) If a fee is determined under subsection (3), the processing of an application for a permit shall be subject to the payment of the fee. 8.

Charges for removal, impounding and storage of vehicles (1) If a vehicle of a description specified in column 2 of item 1 of Schedule 6 is removed under section 22 or 23 of the Ordinance, its owner shall pay to the Commissioner or an operator the charge specified in column 3 of that item in relation to that description of vehicle.(2) If a vehicle of a description specified in column 2 of item 1 of Schedule 6 is impounded under section 22 or 23 of the Ordinance, its owner shall pay to the Commissioner or an operator the charge specified in column 3 of item 2 of that Schedule.(3) If a vehicle of a description specified in column 2 of item 1 of Schedule 6 is stored under section 22 or 23 of the Ordinance for more than 2 days, its owner shall pay to the Commissioner or an operator a charge calculated at the rate specified in column 3 of item 3 of that Schedule. Schedule 1 [s. 3]Tolls Category Description of vehicles Toll or description of tolls payable 1. (a) Motor cycle $8 (b) Motor tricycle $8 2. (a) Private car $8 (b) Electrically powered passenger vehicle $8 (c) Taxi $8 3. (a) Public light bus $8 (b) Private light bus $8 4. (a) Light goods vehicle $8 (b) Special purpose vehicle of a permitted gross vehicle weight not exceeding 5.5 t $8 5. (a) Medium goods vehicle $8 (b) Special purpose vehicle (other than articulated vehicle) of a permitted gross vehicle weight exceeding 5.5 t but not exceeding 24 t $8 6. (a) Heavy goods vehicle $8 (b) Special purpose vehicle (other than articulated vehicle) of a permitted gross vehicle weight exceeding 24 t $8 7. (a) Public bus (single-decked) $8 (b) Private bus (single-decked) $8 8. (a) Public bus (double-decked) $8 (b) Private bus (double-decked) $8 9. Articulated vehicle $8 10. Vehicle towing another vehicle— (a) if toll area is operated in booth mode $16 (b) if toll area is operated in boothless mode (20 of 2021 s. 74) $8 11. Vehicle (other than articulated vehicle) towing a trailer— (a) if toll area is operated in booth mode $16 (b) if toll area is operated in boothless mode (20 of 2021 s. 74) $8 (Schedule 1 replaced L.N. 23 of 2008) Schedule 2 [s. 4]Surcharges Applicable in so far as Toll Area is Operated in Booth Mode (20 of 2021 s. 75) Item Particulars Surcharge 1. Surcharge for failure to pay a toll or any part of a toll $155 Schedule 2A [s. 4D]Surcharges Applicable in so far as Toll Area is Operated in Boothless Mode Part 1 Interpretation 1. In relation to the responsible person of a vehicle that used the toll area operated in boothless mode—T amount (使用費款額) means an amount of toll payable for the use of the toll area so operated by the vehicle on a single occasion which is not paid in full in accordance with section 4A;T+ amount (使用費連首筆附加費總額) means an amount that—(a) comprises—(i) a T amount; and(ii) the initial surcharge payable under section 4D(2) for the T amount; and(b) is not paid in full by the expiry of 21 days after the date on which a surcharge notice relating to the T amount is served. Part 2 Amounts of Surcharges Column 1 Column 2 Column 3 Item Particulars Amount 1. Initial surcharge for every T amount $175 2. Further surcharge for every T+ amount $350 (Schedule 2A added 20 of 2021 s. 76) Schedule 3 [s. 5]Escort Fee Item Particulars Fee 1. Escort of any vehicle $290 for each 30 minutes or part thereof Schedule 4 [s. 6]Administration Fee for Change Item Particulars Administration fee 1. Change given in respect of a toll paid in excess $80 Schedule 5 [s. 7]Permit Fee Item Particulars Fee 1. Issue of permit $115 Schedule 6 [s. 8]Charges for Removal, Impounding and Storage of Vehicles Item Particulars Charge 1. Charge for removal of— (a) (i) a motor cycle; $280 (ii) a motor tricycle; $280 (iii) a private car; $280 (iv) an electrically powered passenger vehicle; $280 (v) a taxi; $280 (vi) a public light bus; or $280 (vii) a private light bus $280 (b) (i) a light goods vehicle; $600 (ii) a special purpose vehicle of a permitted gross vehicle weight not exceeding 5.5 t; $600 (iii) a public bus (single-decked); or $600 (iv) a private bus (single-decked) $600 (c) (i) a medium goods vehicle; $660 (ii) a heavy goods vehicle; $660 (iii) a special purpose vehicle of a permitted gross vehicle weight exceeding 5.5 t; $660 (iv) a public bus (double-decked); or $660 (v) a private bus (double-decked) $660 2. Charge for impounding a vehicle $150 3. Charge for storage of a vehicle after the second day $95 per day