FRIDAY, MAY 25, 1984
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PROPOSAL TO UPDATE COURT COSTS
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A BILL SEEKING TO AMEND THE REFERENCES IN THE FIXED PENALTY TRAFFIC CONTRAVENTIONS) ORDINANCE TO THE ROAD TRAFFIC LEGISLATION AND TO UPDATE THE RELATED COURT COSTS HAS BEEN GAZETTED TODAY.
A GOVERNMENT SPOKESMAN EXPLAINED THAT THE AMENDMENTS ARE REQUIRED BECAUSE THE FIXED PENALTY TRAFFIC CONTRAVENTIONS) ORDINANCE WILL BE BASED ON THE NEW SET OF ROAD TRAFFIC LEGISLATION IN AUGUST THIS YEAR.
+THE PURPOSE OF THE BILL IS TO AMEND THE CROSS REFERENCING BETWEEN THE TWO PIECES OF LEGISLATION TO ENSURE A SMOOTH CHANGEOVER,+ HE SAID.
THE FIXED PENALTY (TRAFFIC CONTRAVENTIONS) (AMENDMENT) (NO.2) BILL 1984 ALSO UPDATES TWO TYPES OF COURT COSTS WHICH HAVE NOT BEEN REVISED FOR 13 YEARS.
THE FIRST TYPE IS THE COST OF ISSUING A SUMMONS IN THE CASE OF A DEFENDANT WHO DOES NOT PAY THE PENALTY IN TIME BUT EVENTUALLY PAYS THE FINE WITHOUT A COURT HEARING. THIS COST HAS SINCE 1971 BEEN $15, HALF THE AMOUNT OF THE FIXED PENALTY AT THAT TIME. THE BILL PROPOSES THAT THIS BE REVISED TO $70.
THE SECOND TYPE IS THE COST OF COURT PROCEEDINGS WHICH A DEFENDANT OR COMPLAINANT IS ORDERED BY A MAGISTRATE” TO PAY, DEPENDING ON WHETHER THE CASE IS DISMISSED OR A PAYMENT ORDER IS MADE. THE COST HAS BEEN $20 AND $400 SINCE 1971 AND IT IS NOW PROPOSED THAT THE COST BE BETWEEN $80 AND $1 500.
THE SPOKESMAN EXPLAINED THAT THE COURT COSTS ARE REGULATORY FEES. THEY ARE NOT BASED ON THE COST OF PROVIDING A SERVICE BUT ON THE NEED TO ENFORCE PROMPT PAYMENT OF FIXED PENALTIES. HE STRESSED THAT THE REVISION OF THESE COSTS SHOULD NOT AFFECT LAW-ABIDING MOTORISTS.
THE BILL WILL BE INTRODUCED INTO THE LEGISLATIVE COUNCIL ON MAY 30 AND IS EXPECTED TO COMPLETE ITS LEGISLATIVE STAGES ON JUNE 13.
ANYONE WHO WISHES TO COMMENT ON THE BILL CAN WRITE TO UMELCO AT 12TH FLOOR, SWIRE HOUSE, CENTRAL, OR TO THE SECRETARY FOR TRANSPORT AT 7TH FLOOR, ST JOHN'S BUILDING, GARDEN ROAD, HONG KONG.
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