TNAG-0259-FCO40-295-Legislation-for-prevention-of-bribery-in-Hong-Kong-1970 — Page 153

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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Fixed Penalty (Traffic Contraventions) Bill-second reading

[Explanatory Memorandum]

made, make an order empowering the Commissioner of Police to seize the motor vehicle concerned. Notice of such an order is to be served on the defendant. A motor vehicle seized by the Commissioner of Police (notice of which is to be given to the defendant) under such an order may be detained until the defend- ant pays the various sums specified in subclause (5). If within 3 months of seizure payment is not made, the Commissioner of Police may, after publishing a notice in the Gazette to that effect, apply (on the expiry of one month from the publication in the Gazette) for a warrant of distress under section 51 of the Magis- trates Ordinance to enforce payment (subclauses (6) and (7)).

Subclause (3) provides that an order under subclause (1) may be made notwithstanding that the value of a motor vehicle far exceeds any sums due under this Bill and an order when made is to remain in force so long as any sum under subclause (5) remains unpaid and so long as the vehicle is registered in the name of the defendant notwithstanding any change in the legal ownership of the vehicle.

Clause 24 enables a registered owner to recover as a debt any sum paid by him, from the person in charge of the vehicle at the time of the contravention.

Clause 25 enables regulations to be made for the carrying out of the provisions of the Bill.

Clause 26 and the Schedule contain various consequential amendments to the Road Traffic regulations. The effect of these amendments is that the Road Traffic regulations would not apply to motor vehicles in cases where the provisions of this Bill apply.

SEDITION (AMENDMENT) BILL 1970

THE ATTORNEY General (Mr Roberts) moved the second reading of: -“A bill to amend further the Sedition Ordinance.”

He said:-Sir, this bill has two objects, firstly to amend the definition of seditious intention which appears in the Sedition Ordin- ance and secondly to empower police and other public officers to remove or obliterate seditious matter which is displayed in places which is visible to the public.

The present definition of seditious intention, in section 3 of the Ordinance, is based on the common law and makes it sedition to excite

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