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WEDNESDAY, JUNE 5, 1974

ABANDONED VEHICLES

UNOFFICIALS CALL FOR SAFEGUARDS

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UNOFFICIAL MEMBERS OF THE LEGISLATIVE COUNCIL TODAY CALLED FOR ADEQUATE SAFEGUARDS TO PREVENT VEHICLES FROM BEING TOWED AWAY AND CONFISCATED BY THE POLICE AS 'ABANDONED VEHICLES'.

SPEAKING ON BEHALF OF HIS UNOFFICIAL COLLEAGUES, THE HON. OSWALD CHEUNG SAID THE UNOFFICIALS AGREED THAT ROAD SPACE SHOULD NOT SERVE AS A JUNKYARD FOR ABANDONED VEHICLES, BUT +THERE MUST BE INDICATIONS OF ABANDONMENT OTHER THAN THE BARE FACT THAT A VEHICLE HAS BEEN LYING ABOUT IN THE STREET, COVERED WITH DUST, FOR A PERIOD OF TIME.+

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+THE POLICE, HE SAID, +OUGHT TO HAVE IN THEIR POSSESSION EVIDENCE WHICH GAVE THEM REASONABLE CAUSE TO THINK THAT THE VEHICLE HAD BEEN ABANDONED, AND IF CALLED UPON TO DO SO, TO BE ABLE TO JUSTIFY HOW THEY CAME TO A REASONABLE BELIEF THAT THE VEHICLE HAD BEEN ABANDONED,+ MR. CHEUNG SAID WHEN MOVING A MOTION TO AMEND THE ROAD TRAFFIC (CONSTRUCTION AND USE) (AMENDMENT) REGULATIONS WHICH WERE TABLED IN THE LEGISLATIVE COUNCIL ON MAY 22 THIS YEAR.

HE EXPLAINED THAT. FOR EXAMPLE, A VEHICLE MAY HAVE BEEN STOLEN AND ABANDONED AFTER ITS LICENCE PLATES HAD BEEN CHANGED SO THAT THE REPORT OF THE THEFT OF THE VEHICLE WOULD NOT NECESSARILY LEAD TO ITS IDENTIFICATION.

THE MOTION ALSO SOUGHT TO REQUIRE THE POLICE TO NOTIFY A VEHICLE OWNER BY REGISTERED MAIL IN ADDITION TO THE PRESENT METHOD OF FIXING A NOTICE TO THE CAR. NOTICES SIMPLY FIXED TO A CAR, MR. CHEUNG SAID, +HAVE A GOOD PROSPECT OF NOT COMING TO THE NOTICE OF THE OWNER.+

MR. CHEUNG ALSO MOVED THAT THE OWNER'S RIGHTS TO RECLAIM HIS CAR SHOULD BE EXTENDED FROM THE ORIGINALLY PROSPOSED 21 DAYS TO ONE MONTH.

WHILE STORAGE OF ABANDONED VEHICLES MAY TAKE UP CROWN LAND, MR. CHEUNG SAID, HE AND HIS UNOFFICIAL COLLEAGUES DID NOT THINK THAT THE OWNER'S RIGHTS SHOULD BE CUT OFF WITHOUT A REASONABLE PERIOD IN WHICH HE COULD MAKE A CLAIM ON IT.

IT IS COMMONPLACE, + HE ADDED, +FOR FOUR OR EVEN SEVEN DAYS TO ELAPSE BETWEEN THE DATE OF THE LETTER EMANATING FROM A GOVERNMENT OFFICE AND ITS RECEIPT BY THE ADDRESSEE. +

IN REPLY, THE ATTORNEY GENERAL, THE HON. JOHN HOBLEY, SAID HE HAD DISCUSSED MR. CHEUNG'S PROPOSALS WITH THE SECRETARY FOR THE ENVIRONMENT AND THEY BOTH SUPPORTED THEM.

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