1978-HKRS28-16-26_Part04 — Page 40

Authenticated Laws 確真本香港法例 All

S

provisional driving licence issued under the Road Trafic (Driving Licences) Regulations, is at the date of payment of the levy the holder of a valid permit or other form of authorization permitting that person to drive a vehicle belonging to the Crown.

(2) A levy under subsection (1)2) shall be payable-

(a) in the case of a driving licence or provisional driving licence valid for 12 months, for each consecutive period of 12 months during which the licence remains valid; or

(6) in the case of driving licence valid for 3 years, for each con- secutive period of 3 years during which the licence remains valid, such period commencing on the date from which the licence is granted.

(3) A levy under subsection (1)(6) shall be paid by the licence bolder to the Commissioner and shall accompany the application for the liccace.

(4) A levy under subsection (1X) shall be payable where the licence is granted on or after the 1st May 1979, but where a driving licence is due to expire on or after that date and, at any time during the 4 months immediately preceding the date of expiry of the licence, the holder renews that licence in accordance with regulation 6[1A)a) of the Road Traffic (Driving Licences) Regulations, the holder shall pay the levy that would have been payable had he renewed the licence on or after the 1st May

1979.

(5) The levy under subsection (1X6) shall be payable by the Crown from the general revenue not later than the 1st June 1979 and thereafter al intervals of 12 months calculated from the date of the first payment.

(6) In this section, "person in the public service of the Crown” means * person who is-

(0) a public officer:

(5) a member of Her Majesty's forces serving in Hong Kong; or (c) a member of-

Failute JOSIT Kewy.

7.

(CRp. 39.

f) the Royal Hong Kong Regiment (The Volunteers) (ii) the Royal Hong Kong Auxiliary Air Forces

(ii) the Royal Hong Kong Auxiliary Police Force; or (iv) the Essential Services Corps.

(1) Where a person who is liable to pay-

(4) an annual levy under section 5 in respect of a motor vehicle to which section 5(1Xa) applies or in respect of a trade licence to which section 5(1)(6) applies; or

(b) a levy under section 6 in respect of a driving licence to which

section 6(1)(a) applies,

fails to pay such levy, the Commissioner shall-

(i) in respect of such motor vehicle refuse to issue a vehicle liosuce

in respect of that vehicle until the annual levy is paid;

(D) in respect of such trade licence, refuse to issue or renew that

licence until the annual levy is paid; or

(ii) refuse to issue such driving licence until the Jevy is paid, as the case may be.

(2) Any unpaid annual levy or levy due from say person other than the Crown shall be recoverable as a debt dus to the Crown.

# The Director may invest any moneys of the fund in such invest- ments as the Financial Secretary may direct, whether or not such invest- ments are investments authorized under the Trustee Ordinance.

9.

(1) It shall be a condition of any payment of money from the fund to a person eligible to receive such money, that he signs, in such form as the Director may specify, an undertaking—

(a) to notify the Director within such period as may be specified in the undertaking, of the making by that person of any claim or the bringing of any legal proceedings by that person in respect of the traffic accident for which he is eligible" to claim money from the fund; and

(5) to notify any person against whom he makes a claim in respect of that traffic accident of the amount of money he has received from the fund,

(2) Where a person, who has been notified under subsection (DXB) by any person making a claim in respect of a traffic accident of the amount of money he has received from the fund in respect of that accident, intends making or is required to make any payment to or for the benefi of that person in respect of that accident, that person shall not less than 72 hours before the day on which payment is to be made notify the Director in writing of the name and address of the person to whom or for whose benefit the payment is to be made and the amount thereof.

(3) Any person who wilfully breaches an undertaking signed by him under subsection (1) commits an ottence and is liable co conviction to a fine of 52,000 and to imprisonmeal for 6 months,

(4) Any person who fails to comply with subsection (2) commits an offence and is liable on conviction to a fine of $2,000.

Undevaldes modly Director of Claim, etc.

Khud at the

IQ (1) Subject to subsection (2), where as a result of a traffic Recovery of accident damages or compensation are or is paid to or for the benefit of money paid any person to whom or för whose beneft money from the fund in respect fund of that sevident has been paid, the person receiving the damages or com- pensation shall pay to the fund the amount of money paid from the fund.

(2) Where the damages or compensation are or is less than the money paid from the fund the amount to be paid to the fund under sub- section (1) shall not exceed the amount of the damages or compensation.

(0) Where a person fails to pay money in accordance with sub- section (1), the amount of the money not so paid shall be recoverable as a debt due to the Crown.

(4) In an action for damages for personal injuries arising out of a traffic accident there shall not be taken into account any money which has been or may be paid from the fund in respect of that accident.

IL (0) The Director shall keep such accounts of all transactions of Accounts, nudie the fund as the Director of Accounting Services may require and shall and adul prepare for the period from the commencement of this Ordinance to the report. 311 March thereafter, and for each subsequent period of 12 months eading on the 31st March in each year, a statement of accounts of the fund, which statement shall include a receipts and payments account and balance sheel,

(2) The statement of accounts of the fund shall be submitted by the Director to the Director of Audit not later than the 31st July next following the end of the period to which it relates or such later date as the Governor may allow.

(3) The accounts of the fund and the statement of the accounts shall be audited by the Director of Audit, who shall certify such statement subject to such report, if any, as he may think ft.

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.