1989 Ed.]
Fixed Penalty (Criminal Proceedings)
[CAP. 240
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additional penalty imposed under section 9A and any costs ordered to be paid under the Magistrates Ordinance (Cap. 227);
or
(b) a person fails to pay immediately the fixed penalty and the additional penalty which, under section 3A(1), he was ordered to pay; or
(c) a person fails to pay within 21 days the fixed penalty and the additional penalty which, under section 3B(1)(b), he was ordered to pay, (Added 12 of 1984 s. 7)
the Commissioner shall, notwithstanding anything in the Road Traffic Ordinance (Cap. 374)—
(i) refuse to issue a driving licence to that person or refuse to renew his driving licence;
(ii) in respect of any motor vehicle of which the defendant is the registered owner, take no action under regulation 17(3), (4) or (5) of the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap. 374 sub. leg.) on receipt of any notice of transfer of ownership of the motor vehicle and refuse to license the motor vehicle under regulation 21(3), (5) or (6) of the regulations. (Replaced 57 of 1981 s. 10)
(2) Subsection (1) shall cease to have effect if-
(a) such person produces to the Commissioner a receipt or other evidence to prove that the fine, costs and any additional penalty, or fixed penalty and additional penalty, as the case may be, have been paid;
(b) such person serves any sentence of imprisonment imposed on him by the court in default of payment of the fine, costs and any additional penalty, or fixed penalty and additional penalty, as the case may be; or
(c) such person's conviction is quashed on appeal. (Amended 57 of 1981 s. 10)
(3) Subsection (1)(ii) shall cease to have effect in respect of a motor vehicle which has been sold or otherwise disposed of by such person if the purchaser of the motor vehicle is, at the time of delivery to the Commissioner of notice of transfer of ownership in accordance with regulations made under the Road Traffic Ordinance (Cap. 374), in possession of a certificate in the prescribed form issued by the Commissioner to the effect that no such fine or costs are unpaid by such person.
(4) A certificate issued under subsection (3) shall be valid for not more than 72 hours from the time of issue.
(5) Where a person-
(a) having been convicted of a scheduled offence and having failed to pay any fine, additional penalty and costs imposed; or
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Page 11
1989 Ed.]
Fixed Penalty (Criminal Proceedings)
[CAP. 240
9
additional penalty imposed under section 9A and any costs ordered to be paid under the Magistrates Ordinance (Cap. 227);
or
(b) a person fails to pay immediately the fixed penalty and the additional penalty which, under section 3A(1), he was ordered to pay; or
(c) a person fails to pay within 21 days the fixed penalty and the additional penalty which, under section 3B(1)(b), he was ordered to pay, (Added 12 of 1984 s. 7)
the Commissioner shall, notwithstanding anything in the Road Traffic Ordinance (Cap. 374)—
(i) refuse to issue a driving licence to that person or refuse to renew
his driving licence;
(ii) in respect of any motor vehicle of which the defendant is the registered owner, take no action under regulation 17(3), (4) or (5) of the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap. 374 sub. leg.) on receipt of any notice of transfer of ownership of the motor vehicle and refuse to license the motor vehicle under regulation 21(3), (5) or (6) of the regulations. (Replaced 57 of 1981 s. 10)
(2) Subsection (1) shall cease to have effect if-
(a) such person produces to the Commissioner a receipt or other evidence to prove that the fine, costs and any additional penalty, or fixed penalty and additional penalty, as the case may be, have been paid;
(b) such person serves any sentence of imprisonment imposed on him by the court in default of payment of the fine, costs and any additional penalty, or fixed penalty and additional penalty, as the case may be; or
(c) such person's conviction is quashed on appeal. (Amended 57 of
1981 s. 10)
(3) Subsection (1)(ii) shall cease to have effect in respect of a motor vehicle which has been sold or otherwise disposed of by such person if the purchaser of the motor vehicle is, at the time of delivery to the Commissioner of notice of transfer of ownership in accordance with regulations made under the Road Traffic Ordinance (Cap. 374), in possession of a certificate in the prescribed form issued by the Commissioner to the effect that no such fine or costs are unpaid by such person.
(4) A certificate issued under subsection (3) shall be valid for not more than 72 hours from the time of issue.
(5) Where a person-
(a) having been convicted of a scheduled offence and having failed to
pay any fine, additional penalty and costs imposed; or
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