1978-HKRS28-16-26_Part01 — Page 60

Amendment at secuiva 4,

Adduino of

NGOLION 25A.

238 and 13.

2

(c) deleting the full stop at the end and substituting a semicolon; and (d) inserting after the definition of "tenant" the following definition— ""vehicle" means any vehicle whether mechanically propelled or otherwise intended or adopted for use on roads but does not include a perambulātor.”.

3.

Section 4(2) of the principal Ordinance is amended by inserting after paragraph (c) the following paragraphs-

**(e) to construci new buildings, and any premises or structures ancillary thereto, or to acquire, alter. enlarge or improve any existing buildings, for use as car parks;

(46) to set aside for use as car parks any land, other than a carriage-

way, vested in it;

(ec) to designate parking places;

(ed) to control the user of car parks and parking placis, to allocate any place in a car park or parking place for the use of vehicles of any description or any particular lyps or class or for the use of any person or persons of any particular class;

(ee) to fix such fees for the use of car parks and parting places, and

to collect the fees in such manner, as it thinks fit;**,

4. The principal Ordinance is amended by the addition after section 25 of the following sections—

"Restlaed

reads.

Removal, etc..

of vehicles,

25A. (J) The Authority may, with the approval of the Commissioner for Transport and the Director of Public Works, designate in the prescribed manner any road or length of a road to be a restricted road,

(2) The Authority may restrict the entry to, or the packing of vehicles on, a restricted road to vehicles owned or used by....en

(a) the Authority or the Government;

(b) the tenants of premises abutting on the restricted

road;

(e) bona fide visitors of such tenants; and

(d) other persons permitted by the Authority,

(3) Entry to a restricted road may be refused by the Authority to a vehicle owned or used by any person specified in paragraph (5), (c) or (d) of subsection (2) if no parking place is available on the restricted road for the parking of The vehicle or temporarily for any other reason.

25B. (1) For the purposes of this section and section 250 "vehicle" includes any load carried by a vehicle.

(2) The Authority or an authorized officer may impound or remove any vehicle which l*--

(a) on a restricted road in contravention of a restriction imposed under section 25A(2) or a refusal of entry imposed under section 25A(3)

(5) parked, or permitted to remain at rest, for whatever reason in any place on a restricted road other than in a parking place:

Sale of devaloed medicles.

Cap $10. sab. x.)

(c) parked, or permitted to remain at rest, for whatever reason on a pavement, road verge or hard shoulder of a restricted road or on a centre reservation or traffic island on a restricted road;

(d) parked in a parking place for a period exceeding 2 days unless such parking is authorized by the Authority or an authorized" officer; ar

(e) parked in a car park for a period exceeding 7 days unless such parking is authorized by the Authority of an authorized officer.

(0) The power of impounding or removing a vehicle under subsection (2) shall be exercised only when-

(a) the vehicle is unattended and the driver cannot be

located; or

(6) the driver is unable to remove the vehicle, or refuses or fails to remove the vehicle, on being requested to do so by the Authority or an authorized officer. (4) Subject to section 250, any vehicle impounded or removed under this section may be detained by the Authority until there is paid to the Authority such impounding or removal charge and storage charge as may be prescribed and any parking fee incurred in respect of the vehicle prior to Ils impounding or removal,

26C. (1) When a vehicle which is detained under section 25B is not claimed within 3 days after its detention, the Authority or an authorized officer shall serve on the registered owner (as defined in the Road Traffic (Registration and Licensing of Vehicles) Regulations) of the vehicle a notice informing him-

(a) of the detention of the vehicle and the place of

detentions and

(b) that unless the vehicle is removed from the place of detention, on payment of any charges and packing fee payable under section 258(4), within 14 days after the service of the notice on him, the vehide shall become the property of the Authority free from the rights of any person and may be disposed of by the Authority by sale or otherwise.

(2) If a vehicle is apt removed in accordance with the notice served under subsection (1), the vehicle shall become the property of the Authority free from the rights of any person and may be disposed of by the Authority by sale or otherwise as it thinks AL

(3) 16, within 6 months after the day on which a vehicle is sold pursuant to subsection (2), any person satisfies The Authority that at the time the vehicle became the property of the Authority by virtue of that subsection, he was the owner of the vehicle, the Authority shall pay to such person the balance of the proceeds of sale after deducting-

(a) any charges and parking fee payable under section

25B(4); and

(b) any reasonable charges incurred by the Authority

in respect of the sale of the vehicle.",