WEDNESDAY, JULY 13, 1977

FIXED PENALTY PAYMENT PROCEDURE

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THE FIXED PENALTY (TRAFFIC CONTRAVENTIONS) (AMENDMENT) BILL 1977 WHICH SOUGHT TO SIMPLIFY, STREAMLINE AND STRENGTHEN THE PROVISIONS OF THE PRINCIPAL ORDINANCE, WAS PASSED BY THE LEGISLATIVE COUNCIL THIS AFTERNOON AFTER DEBATE ON POINTS RAISED BY THREE UNOFFICIALS.

DR. THE HON. $.Y. CHUNG OBJECTED TO CLAUSE 10 (B) OF THE BILL ON THE GROUND THAT HE COULD NOT LEND SUPPORT TO AMEND ING THE LAW TO SUIT THE COMPUTER AT THE EXPENSE OF INDIVIDUAL MEMBERS OF THE PUBLIC.+

DUE TO THE LIMITATION OF THE COMPUTER NOW BEING USED BY GOVERNMENT, A LOGICAL PROCEDURE FOR PAYING FIXED PENALTY FINE AND SURCHARGE COULD NOT BE ADOPTED BUT INSTEAD IF A DEFENDANT FOR SOME REASON, SUCH AS OVERSIGHT OR ABSENCE FROM HONG KONG, DOES NOT PAY HIS FINE BY THE DUE DATE, HE IS UNABLE TO DO SO UNTIL HE RECEIVES A SUMMONS ISSUED AUTOMATICALLY BY THE COMPUTER, DR. CHUNG SAID.

HE POINTED OUT THAT THE INTENTION AND SPIRIT OF BOTH THE PRINCIPAL ORDINANCE AND THE AMENDING BILL WAS TO PROVIDE CONVENIENCE TO THE MOTORING PUBLIC.

+THE COMPUTER SHOULD BE THE TOOL OF MANKIND AND ITS APPLICATION AND LIMITATION SHOULD NOT BE USED AS AN EXCUSE TO DICTATE THE WAYS OF LIFE OF THE GENERAL PUBLIC,+ HE SAID.

IN SUPPORT OF DR. CHUNG'S REMARKS, DR. THE HON. HENRY HU URGED THE GOVERNMENT TO REVIEW ITS COMPUTER SERVICES IN ORDER TO AVOID ANY WASTE OF PUBLIC FUNDS OR A LOSS IN ADMINISTRATIVE EFFICIENCY.

HE REPEATED A SUGGESTION BY DR. CHUNG THAT THE PUBLIC WOULD BE BETTER SERVED IF A FOOTNOTE COULD BE PRINTED ON THE FIXED PENALTY TICKET, SIMILAR TO THAT APPEARING ON THE DEMAND NOTE FOR RATES, SAYING THAT A SURCHARGE WOULD BE ADDED IF THE FINE WAS NOT PAID ON TIME.

THE HON. T.S. LO, WITH THE SUPPORT OF THE COUNCIL, MOVED AN AMENDMENT TO CLAUSE 16 OF THE BILL WHICH, MR. LO SAID, ALLOWED FAR TOO GREAT A FLEXIBILITY, AS WORDED, TO THE AUTHORITIES TO PUT UP TRAFFIC SIGNS DIFFERENT TO THOSE LAID DOWN IN LEGISLATION.

+ALL TOO FREQUENTLY ONE SEES AMBIGUOUS TRAFFIC SIGNS SIGNS WHICH FACE A DIRECTION FROM WHICH NO TRAFFIC CAN COME, AS WELL AS TRAFFIC SIGNS PASTED OVER WITH SHEETS OF PAPER WHICH MOTORISTS NEED BINOCULARS TO READ, HE SAID.

BY WAY OF EXAMPLE, HE LAID ON THE TABLE A PHOTOGRAPH OF A +NO WAITING+ SIGN ON WHICH WAS PASTED AN INSTRUCTION SHEET WHICH, HE SAID, SO FAR AS HE KNEW WAS NOT PROVIDED FOR IN THE ORDINANCE.

+MOTOR ISTS MAY BE FORGIVEN FOR FEELING AGGRIEVED WHEN PENALISED FOR CONTRAVENING SUCH AN UNAUTHORISED SIGN, HE ADDED.

THE SECRETARY

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