Cap. 283 sub. leg. C

Housing (Traffic Contraventions) (Fixed Penalty) Bylaw(Cap. 283, section 30)(Enacting provision omitted—E.R. 6 of 2021)[1 June 1994] L.N. 282 of 1994(Format changes—E.R. 6 of 2021) Part I Preliminary 1. (Omitted as spent— E.R. 6 of 2021) 2. Interpretation In this Bylaw—authorized officer (獲授權人員) means any public officer or class of public officer authorized by the Authority for the purpose of this Bylaw;car park pass (停車場通行證) has the same meaning as in the Housing (Traffic) By-laws (Cap. 283 sub. leg. A);Commissioner means the Commissioner for Transport;contravention (違反、違例事項) means a contravention of any of the provisions of section 4;demand notice (繳款通知書) means a notice served under section 8(3); (25 of 2025 s. 12)Director (署長) means the Director of Housing;driver (司機), in relation to a motor vehicle, means any person who is in charge of or assisting in the control of it;fixed penalty (定額罰款) means the penalty prescribed by section 6;fixed penalty notice (定額罰款通知書) means a notice given under section 8(1); (25 of 2025 s. 12)motor vehicle (汽車) means any mechanically propelled vehicle;parking (泊車、停泊) has the same meaning as in the Housing (Traffic) By-laws (Cap. 283 sub. leg. A);parking space (泊車位) has the same meaning as in the Housing (Traffic) By-laws (Cap. 283 sub. leg. A);proceedings (法律程序) means proceedings before a magistrate under section 11(1) or (2);registered address (登記地址) means the address of a registered owner which appears, in respect of any motor vehicle registered in his name, in 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 owner (登記車主) means— (a) the person in whose name a motor vehicle is registered in accordance with the Road Traffic Ordinance (Cap. 374); and (b) in relation to a motor vehicle to which a trade plate or permit issued under the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap. 374 sub. leg. E) is affixed, the person to whom the relevant trade licence or permit is issued under those Regulations; road marking (道路標記) has the same meaning as in the Housing (Traffic) By-laws (Cap. 283 sub. leg. A);sign (標誌) has the same meaning as in the Housing (Traffic) By-laws (Cap. 283 sub. leg. A);sum adjudged to be paid (被判決須付的款項) means any sum ordered by a magistrate to be paid in any proceedings and any costs awarded against the defendant under section 20. 3. Application to the State (1) This Bylaw shall apply to motor vehicles owned by the State and to persons in the public service of the State.(2) Where a contravention is committed in respect of a motor vehicle owned by the State the person liable for the fixed penalty shall be the driver of the motor vehicle at the time the contravention is committed.(44 of 2000 s. 3) Part II Prohibited Acts 4. Parking on restricted roads (1) No person shall park any motor vehicle in any place on a restricted road—(a) other than in a parking place;(b) in contravention of any sign or road marking erected or placed at the parking place; or(c) in such a position or in such condition or in such circumstances as to be likely to cause danger to other persons using the road.(2) No person shall park any motor vehicle in a parking place in such a manner that the vehicle unnecessarily projects over any line which divides the space in which the vehicle is parked from any other space.(3) No person shall park any motor vehicle in any parking place the designation of which is suspended or cancelled under by-law 5(4) of the Housing (Traffic) By-laws (Cap. 283 sub. leg. A). 5. Defences (1) Without prejudice to any other provision of this Bylaw, in proceedings for a contravention specified in column 1 of Schedule 1, it shall be a defence to prove that the contravention was committed in any of the scheduled circumstances indicated opposite thereto in column 2 of Schedule 1.(2) For the purposes of subsection (1) and Schedule 1 scheduled circumstances (特定情況) means any of the circumstances set out in Schedule 2. Part III Fixed Penalty 6. Fixed penalty There shall be a fixed penalty for a contravention of any of the provisions of section 4 which shall be a sum equal to the fixed penalty under section 13 of the Fixed Penalty (Traffic Contraventions) Ordinance (Cap. 237). 7. Liability of registered owner (1) Subject to section 3(2), the person liable for the fixed penalty under section 6 shall be the registered owner for the time being of the motor vehicle when the contravention is committed.(2) In any proceedings for recovery of the fixed penalty—(a) it shall be a good defence for the registered owner to prove that, at the time the contravention was committed, the motor vehicle was taken and driven away without his consent by a person other than a driver employed by him or was stolen;(b) subject to paragraph (a), it shall be no defence—(i) that the contravention was committed without the knowledge or consent of the registered owner; or(ii) that at the time the contravention was committed the motor vehicle was driven by or was in charge of a person other than the registered owner. 8. Fixed penalty notices and demand notices (25 of 2025 s. 13)(1) If an authorized officer has reasonable cause to believe that a contravention is being or has been committed under section 4, he may give the registered owner of the vehicle concerned or, where section 3(2) applies, the driver liable a notice offering the owner or driver an opportunity to discharge his liability in respect of that contravention by payment of a fixed penalty.(2) For the purposes of subsection (1) a fixed penalty notice shall be delivered personally to the person in charge of the vehicle or fixed on the vehicle.(2A) A fixed penalty notice must—(a) be in the form specified by the Director by notice published in the Gazette;(b) specify the manner in which the fixed penalty may be paid; and(c) contain the information set out in Part 1 of Schedule 4. (25 of 2025 s. 13)(3) If the fixed penalty is not paid within 21 days after the date of a contravention, a notice shall be served on the person liable— (25 of 2025 s. 13)(a) demanding payment of the fixed penalty; and(b) informing the person that if he wishes to dispute liability for the contravention he should so notify the Director.(4) Notwithstanding subsection (3), no demand notice may be served— (25 of 2025 s. 13)(a) if the Director is of the opinion that no further proceedings should be taken in respect of the contravention; or(b) after the expiry of 6 months from the date of the contravention.(5) (Repealed 25 of 2025 s. 13)(6) A demand notice may be served by sending it by post— (25 of 2025 s. 13)(a) where it is directed to a registered owner, to his registered address; or(b) where it is directed to a driver under section 3(2), to the address where the driver normally works.(7) A demand notice must—(a) be in the form specified by the Director by notice published in the Gazette;(b) specify the manner in which the fixed penalty may be paid; and(c) contain the information set out in Part 2 of Schedule 4. (25 of 2025 s. 13)(7A) A fixed penalty notice or demand notice is valid if the name of the Director, or a public officer authorized by the Director, is printed, signed or otherwise shown on the notice. (25 of 2025 s. 13)(7B) A notice published under subsection (2A)(a) or (7)(a) is not subsidiary legislation. (25 of 2025 s. 13)(8) A certificate of posting in accordance with Form 3 in Schedule 3 purporting to be signed by or for the Director shall be admitted in evidence without further proof on its production to the magistrate by the complainant and, until the contrary is proved, it shall be presumed that—(a) the certificate is so signed; and(b) the demand notice to which the certificate relates was duly served.(9) Notwithstanding subsection (2), the operation of this section or section 11 shall not be affected by a failure to comply with that subsection.(25 of 2025 s. 13) 9. Payment of fixed penalty (1) A person who receives a fixed penalty notice or demand notice may, in accordance with the notice, pay the fixed penalty within the period of time stated in the notice. (25 of 2025 s. 14)(2) A person who wishes to pay the fixed penalty in accordance with subsection (1) must— (L.N. 43 of 2003; 25 of 2025 s. 14)(a) deliver the notice to which the payment relates; or(b) provide the notice number, or the e-payment number (if applicable), specified in the notice,together with the payment in accordance with the payment instructions specified in the notice. (25 of 2025 s. 14)(3) When any payment is made in accordance with this section, it shall be of the amount specified in the notice or, where payment is made in respect of more than 1 notice, of the total amounts specified in the notices.(4) A payment under subsection (1) shall not include, or form part of, an amount in respect of a matter other than a matter specified in the notice or notices.(5) Where any amount is paid otherwise than in accordance with this section, the Director of Accounting Services may return it to the payer.(6) (Repealed 25 of 2025 s. 14)(7) Subject to section 18, no payment shall be accepted after the time prescribed in the demand notice. (25 of 2025 s. 14) 9A. (Omitted as expired—E.R. 6 of 2021) 10. Withdrawal of demand notices (25 of 2025 s. 15)(1) Where a demand notice has been served on any person, the Director may, at any time before the commencement of any proceedings against that person in respect of the contravention specified in the notice and whether or not an order under section 11(2) has been applied for, but before such order is made, withdraw that notice, and may serve on that person a notice in writing informing him that the notice has been withdrawn.(2) Where a demand notice had been withdrawn under this section and any sum of money has been paid pursuant to the notice, the Director of Accounting Services shall, on demand by the person on whom the notice was served, repay to that person the sum so paid.(25 of 2025 s. 15) 11. Recovery of fixed penalty (1) Where a person on whom a demand notice has been served has notified the Director, in accordance with that notice, that he wishes to dispute liability, the matter shall be determined by a magistrate on complaint, in a summary way, in accordance with this Bylaw. (25 of 2025 s. 16)(2) Where a person on whom a demand notice has been served has not paid the fixed penalty and has not notified the Director, in accordance with that notice, that he wishes to dispute liability for the contravention, a magistrate shall, on an application which may be made in the absence of that person, order him to pay the fixed penalty, together with an additional penalty equal to the amount of the fixed penalty, within 14 days of being served with notice of the order. (25 of 2025 s. 16)(3) Where an order is made under subsection (2) the magistrate shall cause notice of the order to be served on the person to whom it relates.(4) Notice of the order made under subsection (2) may be served by sending it by post—(a) where it is directed to a registered owner, to his registered address; or(b) where it is directed to a driver under section 3(2), to the address where the driver normally works.(5) In proceedings under subsection (1) or (2), the complaint or application shall be in the name of the Director but need not be signed.(6) The Director may appoint any person or class of persons to conduct the proceedings under subsections (1) and (2). 12. Review of proceedings (1) Where a magistrate is satisfied that the demand notice has not come to the personal notice of the person liable without any neglect by that person, the magistrate may, on an application of which reasonable notice has been given to the Director, rescind the order made under section 11(2) and— (25 of 2025 s. 17)(a) if that person wishes to dispute liability for the contravention, order that the matter be determined in accordance with section 11(1); or(b) if he does not wish to dispute liability—(i) order him to pay the fixed penalty within 10 days of the order; and(ii) order that, if he fails to pay that fixed penalty within that period, he shall be liable to pay immediately that fixed penalty, together with an additional penalty equal to the amount of the fixed penalty.(2) An application under subsection (1) 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, shall have all the powers of a magistrate hearing a complaint under the Magistrates Ordinance (Cap. 227).(3) An application under subsection (1) shall be made within 14 days of the date which the magistrate is satisfied is the earliest date on which the order mentioned in section 11(2) came to the personal notice of the person to whom that order relates.(4) A magistrate may for good cause, on an application by the Director at any time, rescind any order for the payment of a fixed penalty and any other order made in the same proceedings.(5) Where a magistrate makes an order under subsection (1)(a), proceedings may be taken, notwithstanding section 26 of the Magistrates Ordinance (Cap. 227), within 6 months from the date of that order. 13. Service of summons (1) A summons issued in any proceedings under section 11(1) may, notwithstanding section 8(2) of the Magistrates Ordinance (Cap. 227), be served by sending it by post—(a) where it is directed to a registered owner, to his registered address; or(b) where it is directed to a driver under section 3(2), to the address where the driver normally works.(2) A certificate of posting in accordance with From 4 in Schedule 3 purporting to be signed by or for the Director shall be admitted in evidence without further proof on its production to the magistrate by the complainant and, until the contrary is proved, it shall be presumed that—(a) the certificate is so signed; and(b) the summons under subsection (1) to which the certificate relates was duly served. 14. Proceedings in the absence of the defendant (1) Where at the time and place appointed for the hearing or adjourned hearing of a complaint a person served with a summons under section 13(1) does not appear before the magistrate, the magistrate may, subject to subsection (2), proceed to the hearing of the complaint and adjudicate thereon as fully and effectually to all intents and purposes as if such person had personally appeared before him in obedience to the summons.(2) The magistrate shall not begin to hear the complaint in the absence of the defendant unless—(a) service is proved under section 13(2); or(b) the defendant has appeared on a previous occasion to answer to the complaint.(3) Notwithstanding section 13(2), for the purposes of subsection (2) a summons shall be deemed not to have been served unless service was effected within what is deemed by a magistrate to be a reasonable time before the time appointed in the summons for appearing thereto. 15. Proof in proceedings under section 11 or 14 Notwithstanding any provisions of the Magistrates Ordinance (Cap. 227), in any application under section 11(2) or in any proceedings under section 14 in the absence of the defendant, an order under section 11(2) shall be made upon, or the substance of the complaint may be proved by, the production by the applicant or complainant to the magistrate of—(a) a copy of the demand notice together with a certificate of posting under section 8(8); and (25 of 2025 s. 18)(b) a certificate under section 19. 16. Hearing of complaint (1) A defendant shall, if he is present at a hearing and does not admit the truth of a complaint, be forthwith required to state the nature of his defence and if he does not at that stage expressly put in issue any allegation of fact contained in a certificate produced under section 19 he shall not thereafter be permitted to dispute or adduce evidence to contradict any such fact contained in the certificate.(2) If a defendant has put in issue any allegation of fact in accordance with subsection (1), a magistrate may proceed to the hearing of the complaint and adjudicate thereon or may adjourn the proceedings and may issue a summons for the appearance of any witness.(3) Where a person served with a summons in proceedings under section 11(1) does not appear before the magistrate or, having appeared, offers no defence or a defence which is frivolous or vexatious, the magistrate shall order that person to pay the fixed penalty together with an additional penalty equal to the amount of the fixed penalty.(4) Where an order is made in proceedings under section 14, the magistrate shall cause notice of the order to be served on the defendant.(5) Notice of the order made in any proceedings under section 14 may be served by sending it by post—(a) where it is directed to a registered owner, to his registered address; or(b) where it is directed to a driver under section 3(2), to the address where the driver normally works. 17. Discontinuance of complaint The complainant may, without the leave of the magistrate, discontinue a complaint against a defendant at any stage of the proceedings on giving notice in writing to the defendant and to the magistrate concerned. 18. Payment of fixed penalty after issue of summons (1) Notwithstanding that proceedings have been instituted against a person (defendant) who has notified the Director in accordance with the demand notice served on the defendant, that the defendant wishes to dispute liability, the defendant may pay the fixed penalty together with an additional penalty equal to the amount of the fixed penalty in accordance with subsection (2), and, if at the same time the defendant also pays to the court the sum referred to in subsection (3) by way of costs, the proceedings shall thereupon terminate. (25 of 2025 s. 19)(2) Payment under subsection (1) shall be made to any magistracy not later than 2 clear working days before the day specified in the summons for his appearance, and the summons shall be produced at the time of payment. (L.N. 299 of 1995)(2A) In subsection (2) the expression clear working days (整個工作天) excludes the day specified in the summons for the appearance of the defendant and intervening Saturdays and public holidays. (L.N. 299 of 1995; 18 of 2016 s. 19)(3) The sum to be paid by way of costs for the purpose of subsection (1) shall be the same as the sum to be paid by way of costs for the purpose of section 20B of the Fixed Penalty (Traffic Contraventions) Ordinance (Cap. 237). 19. Evidence by certificate and presumptions A certificate in accordance with Form 5 in Schedule 3 stating—(a) that the person specified in it was at any particular time the registered owner or the driver, as the case may be, of a particular vehicle;(b) that the address specified in it was at any particular time the registered address of such person or, in the case of a driver, the address where he normally worked; and(c) that payment of the fixed penalty in respect of the contravention specified in any particular demand notice was not made before the date specified in the certificate and, in the case of an application under section 11(2), that the person specified in it had not, before the date specified in the certificate, notified the Director that he wished to dispute liability for the contravention, (25 of 2025 s. 20)and purporting to be signed by or for the Director shall be admitted in evidence without further proof on its production to the magistrate by the complainant or applicant and—(i) until the contrary is proved, it shall be presumed that the certificate is so signed;(ii) the certificate shall be prima facie evidence of the facts stated therein. 20. Other orders at conclusion of proceedings (1) If at the conclusion of any proceedings a complaint is dismissed, the magistrate may at the same time make an order for the payment of costs by the complainant of a sum as referred to in subsection (9).(2) If at the conclusion of any proceedings an order for payment of the fixed penalty either with or without an additional penalty is made, the magistrate—(a) may at the same time make an order for the payment of costs by the defendant of a sum as referred to in subsection (9); and(b) shall at the same time make an order directing the Commissioner, for so long as the defendant fails to pay the sum adjudged to be paid—(i) to refuse to issue a driving licence to the defendant or to refuse to renew his driving licence; and(ii) in respect of any motor vehicle of which the defendant is the registered owner, to take no action under regulation 17(3), (3A), (4), (4A) or (5) of the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap. 374 sub. leg. E) on receipt of any notice of transfer of ownership of the motor vehicle and to refuse to license the motor vehicle under regulation 21(3), (5) or (6) of those Regulations. (25 of 2005 s. 38)(3) An order under subsection (2)(b) shall specify—(a) the name of the defendant;(b) the sum adjudged to be paid.(4) Where an order under subsection (2)(b) is made, the magistrate shall cause notice of the order to be sent to the Commissioner if the sum adjudged to be paid is not paid within 24 hours of the making of the order.(5) An order under subsection (2)(b) shall cease to have effect if the defendant produces to the Commissioner a receipt or other evidence to prove that the sum adjudged to be paid has been paid.(6) An order under subsection (2)(b)(ii) shall cease to have effect if the defendant sells or otherwise disposes of the motor vehicle and the new owner of the motor vehicle is, at the time of delivery of notice of transfer of ownership under regulation 17 of the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap. 374 sub. leg. E), in possession of a valid certificate issued by the Commissioner in accordance with Form 7 in Schedule 3 to the effect that no notice of a valid order under subsection (2)(b)(ii) appears in the records of the Commissioner in respect of the motor vehicle.(7) An application for a certificate under subsection (6) shall be made to the Commissioner and shall be in accordance with Form 6 in Schedule 3.(8) A certificate issued under subsection (6) shall be valid for not more than 72 hours from the time of issue; but no day which is a general holiday shall be taken into account in computing any such period of 72 hours.(9) The sums which may be ordered by the magistrate for the payment of costs for the purpose of subsections (1) and (2)(a) shall be the same as the sums which may be ordered by a magistrate for the payment of costs for the purpose of section 22(1) and (2)(a) of the Fixed Penalty (Traffic Contraventions) Ordinance (Cap. 237) respectively. 21. Distress in cases of default (1) If a person who has been ordered to pay any sum adjudged to be paid fails within 1 month of the date of the order to so pay, an application may be made in the absence of that person to a magistrate for an order directing that—(a) the sum adjudged to be paid, or where the application for an order under this section is in respect of more than one sum adjudged to be paid, the total of such sums;(b) any additional sum payable under subsection (2); and(c) any subsequent costs in the proceedings including the costs of an application under this section, or where an application for an order under this section is in respect of more than one sum adjudged to be paid, the total of the subsequent costs in all the proceedings,be levied on any goods and chattels of the person by distress and sale thereof.(2) Where an application is made to a magistrate under subsection (1), the person to whom the application relates shall, without any further proceedings, be ordered to pay an additional sum by way of costs of not less than $50 or more than an amount equal to the fixed penalty, which, for the purposes of section 20(2)(b), shall be treated as if it were included in the sum adjudged to be paid.(3) An application under subsection (1) shall be in the name of the Director, who may appoint any person or class of person to make the application. 22. Recovery of sums paid by registered owner When a registered owner has paid a fixed penalty, an additional penalty or costs, such fixed penalty, additional penalty or costs may be recovered summarily as a civil debt by the registered owner from the person who was driving or in charge of the motor vehicle at the time the contravention was committed. 23. Transitional provisions for Housing (Amendment) Ordinance 2025 (1) If—(a) a notice in Form 1 in Schedule 3 of the pre-amended Bylaw has been delivered or fixed on a vehicle under section 8(2) of the pre-amended Bylaw before the amendment date; or(b) a notice in Form 2 in Schedule 3 of the pre-amended Bylaw has been served under section 8(3) of the pre-amended Bylaw before the amendment date,the pre-amended Bylaw applies to the notice and the payment of the fixed penalty concerned as if the Amendment Ordinance had not been enacted.(2) This section expires on the expiry of the period of 24 months beginning on the amendment date.(3) In this section—amendment date (修訂日) means the date on which Part 3 of the Amendment Ordinance comes into operation*;Amendment Ordinance (《修訂條例》) means the Housing (Amendment) Ordinance 2025 (25 of 2025);pre-amended Bylaw (《原有附例》) means this Bylaw as in force immediately before the amendment date.(25 of 2025 s. 21) Editorial Note: * Operation date: 20 June 2025. Schedule 1 [s. 5]Recognized Defences Contravention (sections of this Bylaw) Scheduled circumstances whichmay constitute a defence 4(1)(a) A, B, C, D, E, F 4(1)(b) A, B, C, E, F 4(1)(c) A, B, C 4(2) A, B, C, F 4(3) A, B, C, E, F Schedule 2 [s. 5]Scheduled Circumstances For the purposes of section 5 of this Bylaw and Schedule 1, the circumstances which may constitute a defence in proceedings for a contravention are as follows—A. Where a vehicle is being used for operations in connection with any building or other construction, demolition or excavation, if the vehicle is parked—(i) in a position as close as possible to the site of the operations; and(ii) for a period no longer than is necessary.B. Where a vehicle is being used for operations in connection with the removal of any obstruction to traffic, the maintenance, improvement or reconstruction of any road or the laying, erection, alteration or repair in or near to any road of any sewer or main, pipe or apparatus for the supply of gas, water or electricity, or of any subway, tunnel, telegraph or telephone cables, posts or supports, if the vehicle is parked—(i) in a position as close as possible to the site of the operations; and(ii) for a period no longer than is necessary.C. Where a motor vehicle is being used on a restricted road for the purposes of the police, fire services or ambulance services, or for the conveyance of public mail, or by the Chinese People’s Liberation Army when any such vehicle is being used as a matter of urgent necessity, if compliance with this Bylaw would be likely to hinder the use of the vehicle on that occasion for any of those purposes. (2 of 2012 s. 3)D. Where a public bus, being a bus which is being used or is intended to be used to carry passengers at separate and distinct fares within Hong Kong or on a recognized and predetermined route or for a recognized and predetermined purpose in accordance with a right or licence granted by or under any enactment—(i) is parked temporarily at any place at or near a turning or terminal point provided for that purpose under the Public Bus Services Ordinance (Cap. 230); or(ii) is, with the permission in writing of the Director, parked at a terminus between the hours of 11 p.m. and 7 a.m.E. Where anything is done with the express permission or by the direction of an authorized officer.F. Where a motor vehicle is prevented from proceeding by—(i) mechanical breakdown; or(ii) other circumstances beyond the driver’s control,and all reasonable steps are taken to minimize any obstruction and effect the removal of the vehicle as soon as possible. Schedule 3 [ss. 8, 13, 19 & 20](25 of 2025 s. 22)Forms (L.N. 119 of 2023)Form 1(Repealed 25 of 2025 s. 22) _ Form 2(Repealed 25 of 2025 s. 22) _ Form 3 HOUSING (TRAFFIC CONTRAVENTIONS) (FIXED PENALTY) BYLAW (Cap. 283 subsidiary legislation C) CERTIFICATE OF POSTING OF NOTICE (Section 8(8)) This is to certify that on the . day of . a Notice under section 8(3) of the Housing (Traffic Contraventions) (Fixed Penalty) Bylaw was posted. The particulars of the Notice are as follows— Serial No.: Date of Notice: Name of Addressee: Address: for Director of Housing (Full name in block letters) Date: __________ Form 4 HOUSING (TRAFFIC CONTRAVENTIONS) (FIXED PENALTY) BYLAW (Cap. 283 subsidiary legislation C) CERTIFICATE OF POSTING OF SUMMONS (Section 13(2)) This is to certify that on the . day of . a Summons issued by the magistrate sitting in the Magistrate’s Court at . .was posted. The particulars of the Summons are as follows— Serial No.: Date of Summons: Name of Defendant: Address: for Director of Housing (Full name in block letters) Date: __________ Form 5 HOUSING (TRAFFIC CONTRAVENTIONS) (FIXED PENALTY) BYLAW (Cap. 283 subsidiary legislation C) CERTIFICATE OF IDENTITY OF REGISTERED OWNER/DRIVER, REGISTERED ADDRESS AND NON-PAYMENT OF FIXED PENALTY (Section 19) This is to certify that (a) * on the . day of . at about .. the registered owner/driver of motor vehicle registration mark . was . ; (b) † on the . day of . the registered address of such person was . ; (c) # on the . day of . the registered address of such person was . ; (d) @ before the . day of . no payment was made of the fixed penalty in respect of the contravention specified in Notice No. . dated the . day of . under section 8(3) of the Housing (Traffic Contraventions) (Fixed Penalty) Bylaw; and (e) before the . day of . such person had not notified the Director of Housing that he wished to dispute liability for the contravention. for Director of Housing (Full name in block letters) Date: * Insert date and time of the contravention to which the proceedings relate. † Insert date on which notice under section 8(3) in respect of such contravention was posted. # Insert date on which summons under section 13(1) in respect of such proceedings was posted. @ Insert last date of payment specified in the notice under section 8(3). __________ Form 6 HOUSING (TRAFFIC CONTRAVENTIONS) (FIXED PENALTY) BYLAW (Cap. 283 subsidiary legislation C) APPLICATION FOR CERTIFICATE OF CLEARANCE (Section 20(7)) To: The Commissioner for Transport,Hong Kong. Dear Sir, *I am [I intend to become] the new owner of motor vehicle registration mark ........................ . I hereby apply for a Certificate of Clearance under section 20(7) of the Housing (Traffic Contraventions) (Fixed Penalty) Bylaw in respect of the motor vehicle. Yours faithfully, (Signature) Name: (in block letters) Address: (in block letters) Date * Delete whichever is inapplicable. (L.N. 249 of 1997) __________ Form 7 HOUSING (TRAFFIC CONTRAVENTIONS) (FIXED PENALTY) BYLAW (Cap. 283 subsidiary legislation C) CERTIFICATE OF CLEARANCE (Section 20(6)) This is to certify that no notice of a valid order under section 20(2)(b)(ii) of the Housing (Traffic Contraventions) (Fixed Penalty) Bylaw appears in my records in respect of motor vehicle registration mark . . Issued on the . day of . at . a.m./p.m. Commissioner for Transport (Full name in block letters) Note: This certificate remains valid for not more than 72 hours from the time of issue. No general holiday will be taken into account in computing the period of 72 hours. (L.N. 249 of 1997; L.N. 43 of 2003) Schedule 4 [s. 8]Information to be Contained in Fixed Penalty Notices and Demand Notices Part 1 Fixed Penalty Notices 1. The notice number 2. The registration mark of the motor vehicle concerned 3. The following information relating to the alleged contravention—(a) the statutory provision contravened;(b) the time, date and location of the contravention;(c) the code number representing the contravention 4. The following information relating to the fixed penalty—(a) the amount of the penalty;(b) the e-payment number (if applicable) and bill type;(c) the period for making the payment;(d) the consequence for failing to make the payment within the period or to dispute liability for the alleged contravention 5. The method of enquiry 6. The warrant number or staff identification number (whichever is applicable) of the public officer authorized to give the fixed penalty notice 7. The date of the fixed penalty notice Part 2 Demand Notices 1. The notice number 2. The following particulars of the person to whom the demand notice is addressed—(a) the name;(b) the number of the person’s identity document (as defined by regulation 2(1) of the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap. 374 sub. leg. E)) 3. The registration mark of the motor vehicle concerned 4. The following information relating to the alleged contravention—(a) the statutory provision contravened;(b) a description of the contravention;(c) the time, date and location of the contravention 5. The requirement that the person must—(a) pay the fixed penalty; or(b) notify the Director that the person wishes to dispute liability for the alleged contravention 6. The following information relating to the fixed penalty required—(a) the amount of the penalty;(b) the e-payment number (if applicable) and bill type;(c) the period for making the payment;(d) the consequence for failing to make the payment within the period 7. The following information relating to the notice to dispute liability for the alleged contravention—(a) how to send the notice;(b) the period for giving the notice;(c) the consequence for failing to give the notice within the period 8. The method of enquiry 9. The name of the public officer authorized to serve the demand notice 10. The date of the demand notice(Schedule 4 added 25 of 2025 s. 23)