TNAG-0639-FCO40-787-Construction-of-underground-railway-system-in-Hong-Kong-(Mas-1978 — Page 104

A180

Ord. No. 45/77

Forfeiture and disposal of vehicle.

ROAD TRAFFIC (AMENDMENT) (NO. 2)

(4) For the purpose of seizing a motor vehicle under this section, a police officer may―

(a) order any person who is in or on the motor vehicle

to alight from it;

(b) order any person who appears to him to be in possession of any keys to the motor vehicle to give them to him or to any other person; and

(c) enter and search any premises or place if he knows or has reason to suspect that the motor vehicle is in or on such premises or place.

(5) A police officer may use such force as is reasonably necessary for the purpose of entering or searching any premises or place under subsection (4)(c) or of seizing or removing any motor vehicle from such premises or place under this section.

26L. (1) If a motor vehicle is-

(a) delivered into the custody of the Commissioner in accordance with a notice served under section 261; or

(b) seized and delivered into his custody under section

26K,

the Commissioner shall, within 10 days of its delivery into his custody, serve on the registered owner a notice in writing in accordance with subsection (2).

(2) A notice under subsection (1) shall-

(a) specify-

(i) the date of delivery into the custody of the Commissioner; and

(ii) the place at which the motor vehicle is being held; and

(b) notify the registered owner that at the expiry of the period of suspension the Commissioner will return the motor vehicle to the registered owner if, not later than 30 days after the expiry of the period of suspension, the registered owner-

(i) claims the motor vehicle; and

(ii) pays to the Commissioner any penalty payable under section 26J and, if the vehicle was seized by a police officer under section 26K, a fee of $80; and

(c) notify the registered owner of the effect of subsec-

tion (4).

(3) If the registered owner claims the motor vehicle within 30 days after the expiry of the period of suspension of the licence, the Commissioner shall, on payment of any penalty payable under section 26J and the sum of $80 if the vehicle was seized by a police officer under section 26K, return the motor vehicle to the registered owner.

(4) If the registered owner does not make a claim for the return within 30 days after the expiry of the period