Schedal.
(Cap. 220.)
(Cap. 100)
Schedule.
Fixed Penalty.
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"fixed penalty" means, in relation to a scheduled offence, the fixed penalty set out opposite thereto in the fourth column of the Schedule:
"motor vehicle" means any mechanically propelled vehicle in- tended or adapted for use on roads, but does not include any conveyance for use solely on railways or tramways! "police officer" includes a member of the Royal Hong Kong
Auxiliary Police Force:
"proceedings" means criminal proceedings in any court in respect
of a scheduled offence;
"registered address" means-
(a) in relation to a registered owner, the address that appears, in respect of any motor vehicle registered in his name, in the register of motor vehicles kept by the Com- missioner in accordance with regulations made under the Road Traffic Ordinance; and
(b) in relation to a driver of a motor vehicle, the address that appears in respect of the driver in the record of driving licences kept by the Commissioner in accordance with regulations made under the Road Traffic Ordinance; "registered owner" means-
(a) the person in whose name a motor vehicle is registered ||
under regulations made under the Road Traffic Ordin. ance; and
(b) in relation to a motor vehicle to which a trade plate or permit issued under regulations made under the Road Traffic Ordinance is affixed, the person to whom the relevant trade licence or permit is issued under these regulations;
"scheduled offence" means an offence the general nature of which is described in the second and third columns of the Schedule. (2) The short descriptions in the third column of the Schedule indicate for convenience of reference only the general nature of the offences under the provisions specified in the second column of the Schedule.
PART 11
FIXED PENALTY
3. (1) If a police officer has reason to believe that a person is committing or has committed a scheduled offence, he may give that person a notice in the prescribed form offering that person
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an opportunity to discharge any liability to conviction for that offence by payment of the fixed penalty therefor at any place specified in the notice.
(2) A police under subsection (I) shall be given by the police officer to the person concerned-
(a) by delivering it personally to that person; or
(b) by fixing it to the vehicle used or involved in the com-
mission of the offence.
(3) Subject to subsection (4), where the Commissioner of Police is of the opinion that a person alleged to be guilty of a scheduled offence ought to be proceeded against under this Part in respect thereof, he shall, as soon as practicable after the com- mission of the offence and whether or not a notice has been given under subsection (1), serve on that person a notice demanding payment of the fixed penalty.
(4) A notice under subsection (3) shall be served within | month of the commission of the offence:
Provided that where the identity or address of the person to be served is not ascertained within 7 days after the commission of the offence, the notice may be served not more than 6 months after the commission of the offence.
(5) A notice under subsection (3) shall be served by sending it by post to the registered address of the person to be served.
(6) A notice under subsection (3) shall be in the prescribed form and shall require payment of the fixed penalty within Twenty-one days after the date of the notice.
(7) Where a notice under subsection (3) is served on any person, no proceedings shall be taken against that person in respect of the offence specified in the notice until the expiry of twenty-one days after the date of the notice.
(8) Subject to section 4, where a person has received a notice under subsection (1) or subsection (3) and has paid the full amount of the fixed penalty shown in the notice, he shall not be liable to be prosecuted or convicted for the scheduled offence specified in the notice.
4. (1) Where a notice under section 3(1) or (3) has been Withdrawal
of fixed served on any person, the Commissioner of Police may, at any penalty time before the commencement of proceedings against that person notices. in respect of the scheduled offence specified in the notice, with- draw that notice, and may serve on that person a notice in writing informing him that the notice has been withdrawn.