1964_FIXED_PENALTY_(TRAFFIC_CONTRAVENTIONS)_ORDINANCE — Page 18

1989 Ed.]

Fixed Penalty (Traffic Contraventions)

[CAP. 237

17

Contravention section 4

SCHEDULE 1

RECOGNIZED DEFENCES

Scheduled circumstances which may

B, C, E, G

5

G

6

7

8(1)

E, G

A, B, C, D, E, G

A, B, C, E, G

8(2)

A, B, C, E, G

8(4)

8(5)

A, B, C, E, G

A, B, C, D, E, G

8(6) 9

A, B, C, D, E, G

10(1) & (3)

11

constitute a defence

[s. 12(1)]

A, B, C, D, E, G

A, B, C, E, G

A, B, C, E

(Schedule 1 added 59 of 1977 s. 19. Amended 39 of 1984 s. 12)

SCHEDULE 2

[s. 12(2)]

1.

SCHEDULED CIRCUMSTANCES

For the purposes of section 12 and Schedule 1, the circumstances which may constitute a defence in proceedings for a contravention are as follows-

A. Where a vehicle is being used for operations in connection with any building or other construction, demolition or excavation, if the vehicle cannot be conveniently used for such operations outside a period of restriction and is parked-

(i) in a position as close as possible to the site of the operations; and

(ii) for a period no longer than is necessary.

B. Where a vehicle is being used for operations in connection with the removal of any obstruction to traffic, the maintenance, improvement or reconstruction of any road or the laying, erection, alteration or repair in or near to any road of any sewer or main, pipe or apparatus for the supply of gas, water or electricity, or of any tramway, subway, tunnel, telegraph or telephone cables, posts or supports, if the vehicle cannot be conveniently used for such operations outside a period of restriction and is parked-

(i) in a position as close as possible to the site of the operations; and (ii) for a period no longer than is necessary.

C. Where a motor vehicle is being used on a restricted road for the purposes of the police, fire services or ambulance services, or for the conveyance of public mail, or by the Armed Forces of the Crown when any such vehicle is being used as a matter of urgent necessity, if compliance with the Ordinance would be likely to hinder the use of the vehicle on that occasion for any of those purposes.

D. Where a public bus, being a bus which is being used or is intended to be used to carry passengers at separate and distinct fares within Hong Kong or on a recognized and predetermined route or for a recognized and predetermined purpose in accordance with a right or licence granted by or under any enactment-

(i) (Repealed 39 of 1984 s. 13)

(ii) is parked temporarily at any place at or near a turning or terminal point provided for that purpose under the Public Bus Services Ordinance (Cap. 230); or

(iii) is, with the permission in writing of the Commissioner, parked at a terminus between the hours of 11 p.m. and 7 a.m.