### Road Traffic Ordinance 《道路交通條例》

77A. Interpretation
In this Part and Schedule 10, unless the context otherwise requires—
approved vehicle emission tester (認可車輛廢氣測試員) means a person authorized in writing by the Commissioner under section 77F(1)(d);
certificate of compliance (合格證明書) means a certificate issued by a vehicle emission testing centre in the form specified by the Commissioner in respect of a motor vehicle and indicating that the motor vehicle was found to comply with vehicle emission standards upon testing at the vehicle emission testing centre;
code of practice (實務守則) means a code of practice issued and from time to time revised under section 77F(1)(a);
designation (指定) means a designation of a vehicle emission testing centre under section 77C(1);
proprietor (東主), in relation to a vehicle emission testing centre, means a person having the conduct or control of it, whether or not he is a natural person and whether or not he is the owner;
responsible person (負責人) means a person authorized in writing by the Commissioner under section 77F(1)(e);
test (測試) means a vehicle emission test in accordance with a code of practice and testing (測試) shall be construed accordingly;
vehicle emission testing centre (車輛廢氣測試中心) means a place designated as a vehicle emission testing centre under section 77C(1).

77B. Compliance with vehicle emission standards
The Commissioner may, for the purpose of ascertaining whether a motor vehicle complies with vehicle emission standards, require the registered owner to have the motor vehicle tested at a vehicle emission testing centre.

### Road Traffic Ordinance 《道路交通條例》

77C. Authorized vehicle emission testing centres
(1) The Commissioner may, in writing, designate any place (including any place designated under section 88C as a car testing centre or any place designated as a vehicle examination centre) as a vehicle emission testing centre and may impose such conditions relating to that designation as he thinks fit.
(2) Where a place is designated as a vehicle emission testing centre under subsection (1), such designation—
(a) shall authorize the person specified in the designation as the proprietor of that place, to operate that place as a vehicle emission testing centre in accordance with—
(i) a code of practice;
(ii) Schedule 10; and
(iii) such conditions as may be specified by the Commissioner in the designation; and
(b) shall not be valid except on payment of the fee specified in paragraph 6(a) of Schedule 10.
(3) Without prejudice to the generality of subsection (2)(a)—
(a) the fee specified in paragraph 6(b) of Schedule 10 shall be payable by the registered owner of a motor vehicle to the proprietor of a vehicle emission testing centre in respect of a test carried out under this Part;
(b) the conditions that may be specified in a designation under subsection (2)(a)(iii) may include conditions relating to—
(i) the supply by the Commissioner to the proprietor specified in the designation of any document or form to be used for the purposes of this Part; and
(ii) the fee as specified in paragraph 6(c) of Schedule 10, payable by that proprietor in respect of such supply and the refund of such fee.
(4) The Commissioner shall cause notice of the designation of a place as a vehicle emission testing centre to be published in the Gazette.
(5) Subject to section 77D, a designation—
(a) shall be valid for a period of 3 years from such date as shall be specified in the designation;
(b) may, on application made to the Commissioner not less than 6 months before the date of its expiration and on payment of the fee specified in paragraph 6(a) of Schedule 10, be renewed in writing by the Commissioner.
(6) A renewal of a designation under subsection (5) shall—
(a) not be valid except on payment of the fee specified in paragraph 6(a) of Schedule 10; and
(b) be valid for a period of 3 years from such date as the Commissioner shall specify in the renewal.

### Road Traffic Ordinance 《道路交通條例》

77D. Revocation of designation
(1) If in the case of any proprietor of a vehicle emission testing centre it appears to the Commissioner that—
(a) there has been a breach of—
(i) a code of practice as it affects the operation of that centre;
(ii) Schedule 10;
(iii) the conditions specified in the designation under section 77C; or
(b) certificates of compliance have been improperly issued; or
(c) certificates of compliance have been incorrectly dated for fraudulent purposes; or
(d) the proprietor has ceased to trade, or is being wound up or grounds exist for a creditor to present a bankruptcy petition against him, (Amended 37 of 1998 s. 6)

the Commissioner may serve on the proprietor a notice stating his intention to revoke the designation and the ground or grounds therefor and requiring the proprietor to show cause in writing, within 28 days after the service of such notice, why the designation should not be so revoked.
(2) Where after a notice is served on a proprietor under subsection (1)—
(a) the proprietor does not show cause why the designation should not be revoked; or
(b) the Commissioner, having considered any representations made by the proprietor, is of the opinion that the proprietor has not shown good cause why the designation should not be revoked,

the Commissioner may, by notice in writing served on the proprietor, revoke the designation with effect from such date being not less than 14 days after service of the notice as he shall specify in the notice.
(3) Any proprietor of a vehicle emission testing centre aggrieved by a decision of the Commissioner under subsection (2) to revoke the designation of such vehicle emission testing centre may appeal to a Transport Tribunal against such decision within 14 days of receiving notice of the decision and on any such appeal a Transport Tribunal may affirm, amend or reverse such decision.
(4) A decision of the Commissioner appealed against under subsection (3) shall not have effect pending the determination of the appeal by a Transport Tribunal.
(5) The Commissioner shall cause notice of the revocation of a designation under subsection (2) to be published in the Gazette as soon as practicable after the revocation has come into effect.
(6) No compensation shall be payable in respect of the revocation of a designation under this section.