1969-HKRS30-8-59_Part05 — Page 2

Authenticated Laws 確真本香港法例 All

Addition of

new regula- tion. 29A.

Addition of new Part 11A.

14

(b) a public car;

(c) a private light bus; or

(d) a private omnibus.

for the carriage of goods for hire or reward.

(6) No person shall drive or use, or permit or suffer to be driven or used, a motor vehicle which is registered as-

(a) a private car: or

(b) a public car,

for the carriage of goods (other than personal effects) the total weight of which exceeds two hundred and twenty-four pounds.

(6A) No person shall without the permission in writing of the Commissioner drive or use, or permit or suffer to be driven or used, & motor vehicle which is registered as-

(a) a public or private omnibus; or

(b) a public light bus; or

(c) a private light bus,

for the carriage of goods other than personal effects.

(68) No person shall drive or use, or permit or suffer to be driven or used, a motor vehicle in con- travention of any conditions subject to which the motor vehicle licence has been issued.”.

12. The principal regulations are amended in Part II by adding after regulation 29 the following new regulation—

"Right of appeal of aggrieved person.

29A. Any person who is aggrieved by any deci- sion or refusal of the Commissioner under regulation 17. 17A, 17B, 17D or 27 may appeal by way of petition to the Governor against such decision or refusal.".

13. The principal regulations are amended by adding, after Part II. the following new Part-

Interpreta-

tion of Part IIA.

"PART IIA.

DETENTION OF PRIVATE LIGHT BUSES.

29B. In this Part, unless the context otherwise requires, "vehicle" means "private light bus".

Orders for the deten-

tion of private light buses.

15

29C. (1) If a person is found guilty by a court of an offence in relation to a vehicle by reason of the contravention of paragraph (1) or (3) of regulation 29. then, subject to paragraphs (3) and (4), unless for any special reason the court otherwise orders, the court shall order the detention of the vehicle in accordance with this Part for sixty days.

(2) If the court for any special reason does not make an order under paragraph (1) for the detention of the vehicle, the court shall nevertheless make an order for the detention of the vehicle in accordance with this Part for not less than seven and not more than sixty days.

(3) For the purposes of paragraph (1), the fact that the owner of the vehicle was not awore--

(a) of the use of the vehicle in contravention

of paragraph (1) of regulation 29; or (b) of the conduct or act of any person in con- travention of paragraph (3) of regulation 29. shall not be a special reason.

(4) Notwithstanding paragraphs (1) and (2), if in any case the court is satisfied-

(a) that a person who was the registered owner of the vehicle when the offence was com- mitted bas at any time, whether before or after the commission of the offence, trans- ferred any interest in the vehicle to a bona fide purchaser for value:

(b) that the purchaser would be adversely affected if the vehicle were detained under paragraph (1) of regulation 29F; and

(c) that it would be unjust if the purchaser were

so affected,

the court shall not make any order for the detention of the vehicle.

(5) Before making an order under paragraph (1) or (2) for the detention of a vehicle, the court, if any person claiming to be the owner of the vehicle is present in court, shall allow such person reasonable opportunity—

(a) to address the court; (b) to give evidence; and

(c) to call witnesses,

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.