XN000022-1984-02-15 — Page 15

JEDNESDAY, FEBRARY

+BOTH THE 1981 AMENDING ORDINANCES PROVIDED THAT WHEN A PERSON SATISFIES THE COURT THAT HE DID NOT RECEIVE THE NOTICE SERVED, HE MAY PAY THE FIXED PENALTY WITHOUT THE ADDITIONAL PENALTY. HOWEVER. IF THAT PERSON SUBSEQUENTLY FAILS TO PAY THE FINE WITHIN THE SPECIFIED PERIOD, THE IMPOSITION OF AN ADDITIONAL PENALTY FOR DELAY IN PAYMENT IS NOT PROVIDED FOR. CLEARLY, FOR CONSISTENCY AND EFFECTIVENESS, IT SHOULD BE.+

MR SCOTT SAID THAT THE TWO BILLS TO BE GIVEN A SECOND READING PROVIDE THAT A PERSON WHO SATISFIES THE COURT THAT HE DID NOT RECEIVE NOTICE OF A FIXED PENALTY OFFENCE, BUT WHO FAILS TO COMPLY WITH THE COURT'S ORDER TO PAY THE PENALTY WITHIN THE PERIOD SPECIFIED, SHALL BE LIABLE TO THE SAME ADDITIONAL PENALTY AS A PERSON WHO RECEIVED NOTICE AND DID NOT PAY, OR DID NOT GIVE NOTICE OF HIS INTENTION TO DISPUTE IT.

THE BILLS ALSO ALLOW THE POLICE AT ANY TIME TO APPLY TO THE COURT TO RESCIND ORDERS FOR FIXED PENALTY PAYMENTS MADE IN ERROR. THE BILLS ALSO CLARIFY THE TIME LIMIT FOR THE REVIEW OF A CASE AND REMOVE THE REQUIREMENT FOR COMPLAINT FORMS TO BE SIGNED ON BEHALF OF THE ATTORNEY GENERAL.

+THE RATE OF COLLECTION OF PENALTIES IN HONG KONG IS ACTUALLY HIGH BY COMPARISON WITH OTHER COUNTRIES, SAID MR SCOTT.

+BUT FURTHER IMPROVEMENT SHOULD RESULT FROM THE IMPLEMENTATION OF THE 1981 ORDINANCES, WITH THE AMENDMENTS PROPOSED IN THE PRESENT BILLS.+

DEBATE ON THE BILL WAS ADJOURNED TO MARCH 14.

PAWNBROKERS' LIABILITY FOR THEFT EASED

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THE PAWNBROKERS BILL 1983 HAD BEEN SCRUTINISED BY UNOFFICIAL MEMBERS EVEN THOUGH IT AFFECTED ONLY A SMALL SECTOR OF THE COMMUNITY, THE HON CHARLES YEUNG SAID TODAY.

SPEAKING AT THE RESUMED DEBATE ON THE BILL IN THE LEGISLATIVE COUNCIL, MR YEUNG SAID REPRESENTATIVES OF THE TRADE HAD CALLED ON UMELCO OFFICE TWICE TO PRESENT THEIR VIEWS TO THE LEGCO GENERAL SERVICES WORKING GROUP.

MR YEUNG SAID THAT THE GROUP HAD CONSIDERED THE VIEWS OF THE REPRESENTATIVES AND ACCEPTED THEIR SUBMISSION THAT LIABILITY FOR COMPENSATION IN CERTAIN CIRCUMSTANCES WOULD PLACE AN UNFAIR BURDEN ON THEM.