1989 Ed.] Fixed Penalty (Traffic Contraventions)

[CAP. 237

7

(Parking) Regulations (Cap. 374 sub. leg.), unless the parking meter is exhibiting a sign indicating that payment has been made for the use of the parking space:

Provided that this subsection shall not apply to a motor vehicle while it is being driven into the parking space and for such period thereafter as shall be necessary to enable the person in charge of the motor vehicle to comply with section 10(1). (Amended 39 of 1984 s. 8)

(2) In any proceedings in respect of a contravention of subsection (1), it shall be a defence to prove that due to a defect in the relevant parking meter-

(a) the sign referred to in subsection (1) was not exhibited, or was not exhibited for the appropriate period of time, notwithstanding that an appropriate coin was inserted in the meter; or (b) it was not possible to insert a coin in the meter.

12. Defences

1977 s. 8)

(Replaced 59 of

(1) Without prejudice to any other provision of this Ordinance, in proceedings for a contravention specified in the first column 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 the second column of Schedule 1.

(2) For the purposes of subsection (1) and Schedule 1 "scheduled circumstances" means any of the circumstances set out in paragraph 1 of Schedule 2.

(Replaced 59 of 1977 s. 9)

13. Fixed penalty

There shall be a fixed penalty for a contravention of any of the provisions of section 4, 5, 6, 7, 8, 9, 10 or 11(1) which shall be $200 or such larger amount as may be prescribed by the Legislative Council by resolution. (Amended L.N. 278 of 1979; L.N. 370 of 1982; L.N. 48 of 1989)

14. Liability of registered owner

(1) Subject to section 3(2), the person liable for the fixed penalty under section 13 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 it shall be no defence-

(a) that the contravention was committed without the knowledge or consent of the registered owner; or

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