### Motor Vehicle Idling (Fixed Penalty) Ordinance 《汽車引擎空轉(定額罰款)條例》

21. Costs orders
(1) If a magistrate dismisses a complaint, the magistrate may at the same time make an order for the payment of costs by the complainant of not less than $600 or more than $1,500.
(2) If, on a complaint, a magistrate orders the defendant to pay a fixed penalty (with or without an additional penalty), the magistrate may at the same time make an order for the payment of costs by the defendant of not less than $600 or more than $1,500.
(3) The Legislative Council may, by resolution, amend an amount specified in subsection (1) or (2).

22. Discontinuance of complaint
(1) A complainant may discontinue the complaint at any stage before the magistrate has commenced to hear it, on giving written notice to the defendant and the magistrate.
(2) Leave of the magistrate is not required for the complainant to do so.

23. Payment of fixed penalty after summons
(1) A defendant who has been served with a summons in relation to a complaint may pay the following amounts in accordance with subsection (2)—
(a) the fixed penalty;
(b) an additional penalty equal to the amount of the fixed penalty; and
(c) $500 by way of costs.
(2) Payment must be made to a magistrate’s court not later than 2 clear working days before the day specified in the summons for the hearing of the complaint and the defendant must produce the summons when making the payment.
(3) Payment in accordance with this section terminates the proceedings on the complaint.
(4) The Legislative Council may, by resolution, amend the amount specified in subsection (1)(c).
(5) In this section—
clear working days (整個工作天) excludes the day specified in the summons for the appearance of the defendant and intervening Saturdays and public holidays. (Amended 18 of 2016 s. 36)

### Motor Vehicle Idling (Fixed Penalty) Ordinance 《汽車引擎空轉(定額罰款)條例》

24. Evidentiary certificate
(1) A certificate in the prescribed form stating the matters in subsection (2) and purporting to be signed by or for the Authority is admissible in evidence in any proceedings under this Ordinance.
(2) The matters are—
(a) that a specified motor vehicle was at a specified time idling at a specified location in contravention of section 5;
(b) that a specified person was at a specified time the driver of a specified motor vehicle;
(c) that a specified address was at a specified time the address of the specified person referred to in paragraph (b);
(d) that payment of the fixed penalty for a contravention specified in a specified demand notice had not been made before a specified date; and
(e) (if applicable) that the person specified in the demand notice referred to in paragraph (d) had not notified the Authority before a specified date of his or her wish to dispute liability for the contravention.
(3) Unless there is evidence to the contrary—
(a) it must be presumed that the certificate was signed by or for the Authority; and
(b) the certificate is evidence of the facts stated in it.

25. Distress for non-payment
(1) If a person fails to pay any part of a judgment amount within one month after the date of the order to pay the amount, a magistrate, on an application made in the name of the Secretary for Justice, may order that the following amounts be levied on any goods of the person by distress and sale—
(a) the judgment amount or, if the application under this section is in respect of more than one judgment amount, the total of those amounts; and
(b) the costs of the application for an order under this section (being an amount not less than $50 or more than the amount of the fixed penalty).
(2) An application under this section may be made in the absence of the person and the Secretary for Justice may appoint any person or class of persons to make it.

26. Power to rescind order on application by the Authority
At any time, a magistrate may for good cause, on an application made by the Authority, rescind—
(a) any order for the payment of a fixed penalty, an additional penalty or costs; and
(b) any other order made under this Ordinance in the same proceedings.

27. Powers and functions of authorized officers
(1) The powers and functions of authorized officers under this Ordinance may be exercised or performed on all roads including private roads.
(2) The powers and functions of traffic wardens and senior traffic wardens under this Ordinance are in addition to any powers and functions they have under the Road Traffic Ordinance (Cap. 374) or any other Ordinance.

### Motor Vehicle Idling (Fixed Penalty) Ordinance 《汽車引擎空轉(定額罰款)條例》

28. Protection of the Authority and authorized officers
(1) The Authority or an authorized officer is not personally liable for anything done or omitted to be done by the Authority or officer in good faith in the exercise of a power or performance of a function or purported exercise of a power or purported performance of a function under this Ordinance.
(2) The protection conferred by subsection (1) does not affect any liability of the Government for the act or omission.

29. Obstruction of authorized officers
A person who obstructs an authorized officer in the exercise of a power or performance of a function under this Ordinance commits an offence and is liable to a fine at level 4 and to imprisonment for 6 months.

30. Delegation by the Authority
The Authority may, in writing, delegate any power or function of the Authority under this Ordinance (including this power of delegation) to a public officer.

31. Regulations
The Secretary for Environment and Ecology may make regulations— (Amended L.N. 144 of 2022)
(a) prescribing any notice or certificate for the purposes of this Ordinance;
(b) specifying how fixed penalties and other amounts payable under this Ordinance may be paid, the information to be supplied by persons paying them and the duties of persons receiving them;
(c) providing for the erection or placement of traffic signs for the purposes of this Ordinance; and
(d) providing generally for the better carrying out of this Ordinance.

32. Amendment of Schedules
The Secretary for Environment and Ecology may, by notice published in the Gazette, amend Schedule 1 or 2.
(Amended L.N. 144 of 2022)

33. (Omitted as spent—E.R. 1 of 2012)

### Buildings Energy Efficiency Ordinance 《建築物能源效益條例》

1. Short title
(Amended E.R. 1 of 2013)(1) This Ordinance may be cited as the Buildings Energy Efficiency Ordinance.
(2) (Omitted as spent—E.R. 1 of 2013)