1956-HKRS30-8-46_Part06 — Page 46

Authenticated Laws 確真本香港法例 All

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rank of sub-inspector or above on production of evidence of his identity may whenever it shall appear that such vehicle or its driver cannot be sufficiently identified or that such action is necessary to cause a discontinuance of such offence take or cause to be taken or require the person in charge of the vehicle to take the vehicle and any trailer attached thereto to a place of safety there to be kept until released by order of a magistrate or of the Commissioner.

(2) No unauthorized person shall remove or cause to be removed such vehicle or trailer from the place of safety pending the order of a magistrate or of the Commissioner.

(3) If the owner of the vehicle or trailer is convicted of an (Cap. 220), offence against the Vehicle and Road Traffic Ordinance or against any regulations made thereunder the reasonable expenses incurred by the Commissioner in carrying out the provisions of this regulation shall be recoverable by or on behalf of the Commissioner in the same manner as if they were fines imposed by a court of summary jurisdiction.

(4) When any vehicle or trailer is detained under the pro- visions of this regulation the Commissioner with all reasonable despatch shall give notice in writing to the owner, if the name and address of such owner is known to him, of the seizure and if such vehicle or trailer is not claimed by the owner within three months of the date of its detention the Commissioner thereafter and after giving one month's notice to the magistrate of his intention so to do, may sell by public auction or otherwise dispose of such vehicle or trailer and may apply the proceeds, if any, from the sale or disposal of the vehicle or trailer-

(a) in payment of any vehicle licence fees which may be due

in respect of the vehicle;

(b) in payment of any charges incurred in carrying out the

provisions of these regulations;

(c) in payment of any damage caused to property of Government by the unlawful use of such vehicle or trailer,

and any surplus remaining thereof shall be transferred to the general revenue of the Colony at the expiry of twelve months from the date of such sale or disposal if not previously claimed by the owner of the vehicle or trailer.

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162, (1) Any police officer in uniform of the rank of sub- Inspection of vehicle. inspector or above may test and inspect on a road, or subject to the consent of the owner of the premises, on any premises where the vehicle is, any brakes, steering gear, road wheels, road wheel suspension, chassis or body, being part of, or fitted to, a vehicle, and the silencer and exhaust fitted to a motor vehicle and may cause the vehicle and any load thereon to be weighed.

(2) No such test and inspection on premises where the vehicle is shall be carried out unless either the owner of the vehicle consents or notice of the date and time at which it is proposed to carry out the test and inspection has been given to him personally or left at his address not less than forty-eight hours before the time of the proposed test and inspection, or shall be sent to him, by registered post, at his address not less than seventy-two hours before that time.

licences

163. Nothing in regulation 161 or 162 shall be deemed to Driving authorize any police officer who is not the holder of a valid driving for police licence for a vehicle of the appropriate class, to drive any vehicle officer. in the course of any removal, test or inspection.

184. The fee for any permit or permission in writing issued Fees. under these regulations unless specifically otherwise stated shall be five dollars.

and

penalties.

165. (1) Subject to the provisions of regulation 6, where by Offences these regulations or by any other enactment, a vehicle is required to comply with any specification or standard, or any fitting, device, mark, apparatus or thing is required to be provided, carried or used on or in connexion with a vehicle, or a vehicle is prohibited from being used, either generally or in any specified manner, place or time, or except only upon stated conditions or in accordance with conditions contained in a permit issued in respect of such vehicle, then, and in every such case, if the vehicle is upon or used in any road in contravention of the terms of such enactment or of any such conditions, the owner, licensee, driver and person in charge of the vehicle at the time of such contravention, shall be guilty of an offence.

(2) Any person who contravenes any of the provisions of regulation 85, 86, 87, 88, 95, 99, 104, 105, 106, 107, 108, rog. 110, 111, 112, 113, 114, 115, 122, 123, 137, 143 or 157 and paragraph (2) of regulation 161 shall be guilty of an offence.

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