1978-HKRS28-16-26_Part04 — Page 39

Authenticated Laws 確真本香港法例 All

Elium1.

of assistance funt.

Objects of the fund,

Levy on motor

vehicles.

Schedule.

(Cap. 220.)

2

"trade licence" means a trade licence issued under regulations made under

the Road Traffic Ordinance;

"traffic accident" means an accident occurring on or after the 1st May 1979 which causes the death of or injury to any person as the direct result of the use or presence of a vehicle on a road;

"Traffic accident victim" means any person who is killed or suffers personal

injuries in a trafic accident;

"tramcar" and "trailer" mean soy tramcar or trailer owned by Hong Kong

Tramways Limited;

"vehicle" and "mator vehicle" mean any vehicle whether mechanically

propelled or otherwise intended or adapted for use on roads; "vehicle licence" means a licence issued under regulations made under the

Road Traffic Ordinance.

3. (1) There is hereby established a fund for assisting traffic accident victims and their dependants.

(2) There shall be credited to the fund-

(a) all levies that are paid under sections $ and 6;

(b) all sums received by the fund under scelion 10:

(c) auch sums as may from time to time be voted by the Legislative

Council for the purpose;

(d) alt interest and other income derived from the money and

investments comprising the fund.

(3) The fund shall be administered by the Director.

4. There shall be paid from the fund-

(a) all moneys payable to traffic accident victims and their dependants in accordance with the Traffic Accident Victims Assistance Scheme approved by the Legislative Council togelber with any amendments to the Scheme or any replacement of the Scheme which may be approved by the Legislative Counçi);

(6) any refund of levies made under section 5(9); and

(c) the cost of any administration fee charged under section 12.

4.

(1) An annual levy at the rate specified in Part I of the Schedule shall be payable in respect of

(a) every motor vehicle which is licensed or is required to be registered and licensed under regulations made under the Road Traffic Ordinances

(6) every trade licence;

(c) every motor vehicle owned by the Crown whether in right of Her Majesty's Government in Hong Kong or in the United Kingdom;

(d) every tramcar,

(e) every trailer drawn by a tramcar,

(2) A levy payable under subsection (1)(c) in respect of motor vehicles in the possession of Her Majesty's forces shall be so payable in respect only of such motor vehicles which the Secretary for Security certifies, at the time when the levy is payable, to be part of the vehicle establishment of any unit of Her Majesty's forces in Hong Kong.

(3) Subject to subsection (4), in the case of a motor vehicle to which subsection (1)α) applies or in the case of a trade licence, the levy shall be payable by the registered owner of the vehicle or the person to whom

3

the trade licence is issued for each consecutive period of 12 months during which the vehicle is licensed or the trade licence is valid, under regulations made under the Road Traffic Ordinance, such period commencing on the date from which the vehicle licence or trade licence is granted.

(4) Where a motor vehicle to which subsection (1)(a) applics is licensed for less than 12 months, the amount of the levy payable by the registered owner shall be reduced by one-twelfth thereof for each completo month by which that period is less than 12 months.

(5) The levy shall be paid to the Commissioner and shall accompany the application made for the vehicle licence or trade licence, as the C may be.

(6) In the case of a motor vehicle to which subsection (1a) applies or in the case of a trade licence, the levy shall be payable where the vehicle licence or trade licence is issued on or after the 1st May 1979; but where a vehicle licence is due to expire on or after that date and, at any time during the period of 4 months immediately preceding the date of expiry of the licence, the registered owner of the motor vehicle in which the vehicle licence relates obtains a new vehicle licence in accordance with regulation 1907) of the Road Traffic (Registration and Licensing of Vehicles) (Can. 22). Regulations, the registered owner shall pay the lovy that would have been wub. len) payable had he applied for the new vehicle licence on or after the 1st May 1979.

(7) In the case of a motor vehicle to which subsection (1)c) applies the levy shall be payable by the Crown in right of Her Majesty's Govern- ment in Hong Kong from general revenue not later than the 1st June 1979 and thereafter at intervals of 12 months calculated from the date of the first payment.

(8) In the case of a tramcar and trailer the levy shall be payable by Hong Kong Tramways Limited to the Commissioner not later than the lat June 1979 and thereafter at intervals of 12 months calculated from the date of the first payment.

(9) Where-

(a) the vehicle licence of a motor vehicle to which subsection (1)«) applies is cancelled, revoked or surrendered and a refund of the fee for such licence is made;

(b) a trade licence is cancelled; or

(c) a tramcar or trailer is broken up, destroyed, rendered permanently

immobile or sent permanently out of Hong Kong,

the Commissioner shall, on application in writing made to him by the registered owner of the vehicle, the person to whom the trade licence was inued or Hong Kong Tramways Limited, as the case may be, refund to such registered owner, person or company a sum equal to one-twelfth part of the amount of the levy in respect of the vehicle, trade licence, tramçar or trailer for each complete month between the date on which the licence was cancelled, revoked or surrendered or the tramcar or trailer was broken up, destroyed, rendered permanently immobile or sent permanently out of Hong Kong, as the case may be, and the end of the 12 months in respect of which the levy was paid.

(1) A levy at the rate specified in Part II of the Schedule shall levy on focuse be payable by---

Schedule,

Holders.

(c) every holder of a driving licence or provisional driving licence

issued under the Road Traffic (Driving Licences) Regulations; (Cap. 250, (b) the Clown in respect of every person in the public service of the Crown who, not being the holder of a driving licence or

oub. )

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