1970-HKRS29-8-37_Part02 — Page 35

Recovery of payment in

cases of

default.

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(4) An order under paragraph (b) of subsection (2) which is served on the Commissioner shall cease to have effect it

(a) the defendant produces to the Commissioner a receipt or other evidence to prove that the sum adjudged to be paid has been paid;

(b) the defendant sells or otherwise disposes of the motor vehicle and the new owner of the motor vehicle is, at the time of delivery of notice of transfer of ownership under regulation 13 of the Road Traffic (Registration and Licensing of Vehicles) Regulations, in possession of a valid certificate in the prescribed form issued by the Commissioner to the effect that no valid order under paragraph (b) of subsection (2) appears in the records of the Commissioner in respect of the motor vehicle. (5) A certificate issued under paragraph (b) of subsection (4) shall be valid for not more than seventy-two hours from the time of issue:

Provided that no day which is a general holiday shall be taken into account in computing any such period of seventy-two hours.

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23. (1) I a defendant fails within one month to pay any sum adjudged to be paid, a magistrate may, if satisfied that reasonable efforts to recover such sum have been made, application made ex parte by the complainant, make an order empowering the Commissioner of Police to seize the motor vehicle in respect of which the defendant is the registered owner and which was the subject matter of the complaint.

(2) An order under subsection (1)—

(a) shall specify-

(i) the name of the defendant;

(ii) the registration mark of the motor vehicle; (iii) the sum adjudged to be paid, or where an application for an order under subsection (1) is in respect of more than one sum adjudged to be paid, the total of such sums; and

(iv) any subsequent costs in the proceedings, or where an application for an order under subsection (1) is in respect of more than one sum adjudged to be paid, the total of the subsequent costs in all the proceedings; and (6) shall be served on the Commissioner of Police and the

defendant.

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(3) An order under subsection (1)—–—–

(a) may be made notwithstanding that the value of the motor vehicle exceeds any sum adjudged to be paid; and

(b) shall remain in force so long as→→

(i) any amounts, charges or fees which the defendant is liable to pay under subsection (5) remain unpaid; and (B) the motor vehicle remains registered in the name of the defendant notwithstanding that the motor vehicle may have been sold or otherwise disposed of by the defendant.

(4) An order under subsection (1) or any notice under sub- section (6) shall be served on the defendant by sending it by post to his registered address.

(5) A motor vehicle in respect of which an order under subsection (1) is made may be seized by the Commissioner of Police and detained, subject to subsection (6), until the defendant pays

(a) the amounts specified in the order under sub-paragraphs

(iii) and (iv) of paragraph (a) of subsection (2);

(b) such charges, as may be prescribed, incurred in respect of the motor vehicle in carrying out the provisions of this or any other Ordinance; and

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any motor vehicle licence fees which may be due in rospect of the motor vehicle.

(6) If a motor vehicle is detained under subsection (5), the Commissioner of Police with all reasonable dispatch shall serve on the defendant notice of the detention and if the motor vehicle is not claimed by the defendant within three months of the date of its detention the Commissioner of Police may publish in the Gazette a notice in the prescribed form of his intention to apply for a warrant of distress under subsection (7).

(7) The Commissioner of Police may, after one month has elapsed since the publication of a notice under subsection (6), apply to a magistrate for a warrant of distress under section $1 of the Magistrates Ordinance to enforce payment of any amounts, charges or fees which the defendant is liable to pay under this Ordinance.

(CKS. 227)