Addition of
new First nod
Second Scheduler.
6
(6) any subsequent costs in the proceedings including the costs of an application under this section, or where an application for an order under this section is in respect of more than one sum adjudged to be paid, the total of the subsequent costs in all the proceedings, be levied on any goods and chattels of the defendant by distress and sale thereof.”.
19. The principal Ordinance is amended by adding at the end thereof the following new Schedules-
(s. 12(1)]
Scheduled circumstances which may constiture a defence
"FIRST SCHEDULE
RECOGNIZED DEFENCES
Contravention
section 4
B. GEG
G
E. G
A. B, C, D, E, F, G
T
800)
A. B. C E F G
8(2)
A. B, C, E, F G
804)
A. B, C, E, F, C
901) & (2)
A, B, C, D, E, F, G
100) & (3)
A. B, C, E, F, G
II
A, B, C, E
SECOND SCHEDULE
SCHEDULED CIRCUMSTANCES
[s. 12(2))
1. For the purposes of section 12 and the First Schedule, the circumstances which may constitute a defence in proceedings for a con- travention are as follows-
A. Where a vehicle is being used for operations in connexion with any building or other construction, demolition or excavation, if the vehicle cannot be conveniently used for such operations out-
side a period of restriction and is parked or is waiting-
() in a position as close as possible to the site of the opera- tions; and
() for a period no longer than is necessary.
B. Where a vehicle is being used for operations in connexion with the removal of any obstruction to traffic, the maintenance, im- provement or reconstruction of any road or the laying, erection, alteration or repair in or near to any road of any sewer or main, pipe or apparatus for the supply of gas, water or electricity, or of any tramway, subway, tunnel, telegraph or telephone cables, posts or supports, if the vehicle cannot be conveniently used for
7
such operations outside a period of restriction and is parked or is waiting-
(i) in a position as close as possible to the site of the opera- tions; and
(ii) for a period no longer than is necessary.
C. Where a motor vehicle is being used on a restricted road for the purposes of the police, fire services or ambulance services, or far the conveyance of public mail, if compliance with the Ordinance would be likely to hinder the use of the vehicle on that occasion for any of those purposes.
D. Where a public omolbus, being an omnibus which is being used or is intended to be used to carry passengers at separate and distinct fares within Hong Kong or on a recognized and predeter- mined route or for a recognized and predetermined purpose în accordance with a right or licence granted by or under any
CORCUMCA
() is waiting at an authorized stopping place or at a turning or terminal point for such time as is necessary to enable any person to board or alight or to load or unload his personal effects;
(ü) is parked temporarily at any place at or near a turning or terminal point provided for that purpose under the Public (04 2003 Omnibus Services Ordinance; or
(ii) is, with the permission in writing of the Commissioner, parked at a terminus between the hours of 11 p.m. and 7 s.m.
E. Where anything is done with the express permission or by the
direction of a police officer in uniforîn.
F. Where any person causes or permits any motor vehicle to wait
for no longer than is necessary to enable-
(0) a person to board or alight, or to load or unload bis personal effects; or
GD) goods or material to be unloaded from the vehicle on the road and delivered to preraises or a place to which the road is a means of access, if it is not possible to unload the vehicle on any neighbouring road that is not a restricted road; or
(i) goods or material to be collected from such premises or place and loaded on to the vehicle on the road, if it is not possible to load the vehicle on any neighbouring road that is not a restricted road.
G. Where a motor vehicle is prevented from proceeding by-
(i) mechanical breakdown; or
2.
(D) other circumstances beyond the driver's control, and all reasonable steps are taken to minimise any obstruction and effect the removal of the vehicle as soon as possible.
In paragraph 1, unless the context otherwise requires- "period of restriction" in respect of any road means any period during which the parking or waiting of vehicles is prohibited or restricted
in accordance with a sign erected under the Road Traffic (Parking (Can, 223. and Waiting) Regulations;
"restricted road" means a road referred to in section 700).".
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