1969-HKRS30-8-59_Part05 — Page 4

Limitation of liability for seizure, removal or detention of vehicles.

Removal expenses

and storage

charges.

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notice served under paragraph (2) of regula- tion 29D,

shall be detained at such place by the Commissioner for such period following the date of delivery or seizure as the court may have ordered under para- graph (1) or (2) of regulation 29C, and thereafter until

(i) the registered owner collects the vehicle from such place in accordance with paragraph (2);

or

(ii) the Commissioner sells by public auction or otherwise disposes of the vehicle under para- graph (1) of regulation 291.

(2) The registered owner of a vehicle which is detained under paragraph (1) may collect the vehicle at any time between the hours of 9 a.m. and 5 p.m. on any day, other than a general holiday, after the expiry of the period for which the vehicle has been so detained, on payment of such fee and charges as are payable under paragraphs (1) and (2) of regula- tion 29H, unless the Commissioner has sold by public auction or otherwise disposed of the vehicle under paragraph (1) of regulation 291.

296. No person who, under regulation 29E or paragraph (1) of regulation 29F-

(a) seizes, removes or detains any vehicle; or (b) assists in the seizure, removal or detention

of any vehicle,

shall be liable in any manner whatsoever for any loss or damage arising out of or in the course of the seizure, removal or detention of the vehicle unless it is proved that the loss or damage has been caused by his wilful misconduct or negligence.

29H. (1) The registered owner of a vehicle which is seized and removed under paragraph (1) of regulation 29€ to a place specified in a notice served under paragraph (2) of regulation 29D shall pay to the Commissioner a seizure fee of one hundred dollars.

(2) The registered owner of a vehicle which is detained under paragraph (1) of regulation 29F shall pay to the Commissioner a storage charge of five dollars for every day next following the second day

Commis- sioner may sell vehicle after three months.

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after the expiry of the period for which the vehicle has been detained under paragraph (1) of regulation 29F until-

(a) the registered owner collects the vehicle; or (b) the Commissioner sells by public auction or otherwise disposes of the vehicle under paragraph (1) of regulation 291.

(3) Without prejudice to the provisions of para- graph (1) of regulation 291, any fee which is payable under paragraph (1) and any storage charges which are payable under paragraph (2) may be recovered by or on behalf of the Commissioner, as if they were fines imposed by a court of summary jurisdiction.

291 (1) I

(a) a vehicle has been delivered to a place in compliance with a notice served under para- graph (2) of regulation 290 and at the expiration of the period of ninety days following the date of delivery, the vehicle has not been collected by the registered owner in accordance with paragraph (2) of regulation 29F: or

(b) a vehicle has been seized and removed under paragraph (1) of regulation 29E to a place specified in a notice served under paragraph (2) of regulation 29D and at the expiration of the period of ninety days following the dale of seizure, the vehicle has not been collected by the registered owner.

the Commissioner may, without prejudice to para- graph (2) of regulation 29F, sell by public auction or otherwise dispose of the vehicle, and may apply the proceeds, if any, from the sale or disposal of the vehicle-

(i) in payment of any vehicle licence fees which are payable in respect of the vehicle: and () in payment of any fee and storage charges payable to the Commissioner under para- graphs (1) and (2) of regulation 29H.

(2) The Commissioner shall transfer the surplus. if any, remaining of the proceeds of the sale or disposal of a vehicle under paragraph (1) to the general revenue of the Colony at the expiry of twelve