1964_ROAD_TRAFFIC_ORDINANCE_2 — Page 66

1989 Ed.]

Road Traffic

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have been carried out satisfactorily, he may make a further vehicle repair order under section 83.

(3) The registered owner of a motor vehicle in respect of which a vehicle repair order has been made who fails to produce the motor vehicle for examination at the vehicle examination centre specified in the order at the time and on the date specified in the order, or on such further date and at the time as the Commissioner may allow in any case, commits an offence and is liable to a fine of $10,000.

(4) In any proceedings for an offence under subsection (3) it shall be a good defence for the registered owner to prove that at the date specified in the vehicle repair order for production of the motor vehicle for examination-

(a) the vehicle had been broken up, destroyed or sent permanently

out of Hong Kong; or

(b) the registration document relating to the motor vehicle had been submitted to the Commissioner for cancellation of the registration.

86. Fees

(1) A fee as specified in Schedule 3 shall be payable in respect of an examination under section 78, 84(3) or 85(2).

(2) The Governor in Council may by order published in the Gazette amend Schedule 3.

(Amended 66 of 1984 s. 10)

87. Forfeiture and disposal

(1) If a motor vehicle-

to a

(a) produced at a vehicle examination centre pursuant to

requirement under section 78 or 79 or of a vehicle repair order or pursuant to section 84(3); or

(b) driven to a vehicle examination centre under section 80,

is not claimed within 14 days, the Commissioner shall serve personally or by registered post on the owner, the registered owner or the new owner, as the case may be, a notice in writing informing him that unless he-

(i) pays to the Commissioner any fee due under section 86; and

(ii) removes the motor vehicle from the vehicle examination centre

within 7 days of the service of the notice,

the motor vehicle shall be forfeited to the Crown and may be sold or otherwise disposed of in such manner as the Commissioner thinks fit.

(2) If a notice under subsection (1) is not complied with the motor vehicle shall thereupon be forfeited to the Crown and may be sold or otherwise disposed of as the Commissioner thinks fit.