1964_FIXED_PENALTY_(TRAFFIC_CONTRAVENTIONS)_ORDINANCE — Page 16

1989 Ed.]

Fixed Penalty (Traffic Contraventions)

[CAP. 237

15

notice of transfer of ownership of the motor vehicle and to refuse to license the motor vehicle under regulation 21(3), (5) or (6) of the regulations. (Replaced 59 of 1977 s. 17. Amended 56 of 1981 s. 12; 39 of 1984 s. 11)

(3) An order under subsection (2)(b) shall specify-

(a) the name of the defendant;

(b) the registration mark of the motor vehicle; and

(Replaced 59 of 1977 s. 17)

(c) the sum adjudged to be paid. (3A) Where an order under subsection (2)(b) is made, the magistrate shall cause notice of the order to be sent to the Commissioner if the sum adjudged to be paid is not paid within 24 hours of the making of the order. (Added 59 of 1977 s. 17)

(4) An order under subsection (2)(b) shall cease to have effect if the defendant produces to the Commissioner a receipt or other evidence to prove that the sum adjudged to be paid has been paid. (Replaced 56 of 1981 s. 12)

(4A) An order under subsection (2)(b)(ii) shall cease to have effect if the defendant sells or otherwise disposes of the motor vehicle and the new owner of the motor vehicle is, at the time of delivery of notice of transfer of ownership under regulation 17 of the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap. 374 sub. leg.), in possession of a valid certificate in the prescribed form issued by the Commissioner to the effect that no notice of a valid order under subsection (2)(b)(ii) appears in the records of the Commissioner in respect of the motor vehicle. (Added 56 of 1981 s. 12. Amended 39 of 1984 s. 11)

(5) A certificate issued under subsection (4A) shall be valid for not more than 72 hours from the time of issue:

Provided that no day which is a general holiday shall be taken into account in computing any such period of 72 hours.

(6) The Legislative Council may, by resolution, amend any of the sums specified in subsection (1) or (2)(a). (Added 39 of 1984 s. 11)

23. Distress in cases of default

(1) If a person who has been ordered to pay any sum adjudged to be paid fails within 1 month of the date of the order to so pay, an application may be made in the absence of that person to a magistrate for an order directing that-

(a) the sum adjudged to be paid, or where the application for an order under this section is in respect of more than one sum adjudged to be paid, the total of such sums; and

(b) any additional sum payable under subsection (2); and

(c) any subsequent costs in the proceedings including the costs of an application under this section, or where an application for an order under this section is in respect of more than one sum adjudged to be paid, the total of such costs,