### Traffic Accident Victims (Assistance Fund) Ordinance 《交通意外傷亡者(援助基金)條例》

2A. Application of Ordinance to private roads
(1) The provisions of this Ordinance shall apply to private roads as they apply to roads and, for that purpose, the provisions of any other Ordinance which relate, in any way, to the provisions of this Ordinance shall apply accordingly.
(2) For the purposes of this section, private road (私家路) means a private road within the meaning of the Road Traffic Ordinance (Cap. 374).
(Added 80 of 1988 s. 12)

3. Establishment of assistance fund
(1) There is hereby established a fund for assisting traffic accident victims and their dependants.
(2) There shall be credited to the fund—
(a) all levies that are paid under sections 5 and 6;
(b) all sums received by the fund under section 10;
(c) such sums as may from time to time be voted by the Legislative Council for the purpose;
(d) all interest and other income derived from the money and investments comprising the fund.
(3) The fund shall be administered by the Director.

4. Objects of the fund
There shall be paid from the fund—
(a) all moneys payable to traffic accident victims and their dependants in accordance with the Traffic Accident Victims Assistance Scheme approved by the Legislative Council together with any amendments to the Scheme or any replacement of the Scheme which may be approved by the Legislative Council;
(b) any refund of levies made under section 5(9); and
(c) the cost of any administration fee charged under section 12.

### Traffic Accident Victims (Assistance Fund) Ordinance 《交通意外傷亡者(援助基金)條例》

8. Investment
The Director may invest any moneys of the fund in such investments as the Financial Secretary may direct, whether or not such investments are investments authorized under the Trustee Ordinance (Cap. 29).

### Traffic Accident Victims (Assistance Fund) Ordinance 《交通意外傷亡者(援助基金)條例》

9. Undertaking to notify Director of claim, etc.
(1) It shall be a condition of any payment of money from the fund to a person eligible to receive such money, that he signs, in such form as the Director may specify, an undertaking—
(a) to notify the Director within such period as may be specified in the undertaking, of the making by that person of any claim or the bringing of any legal proceedings by that person in respect of the traffic accident for which he is eligible to claim money from the fund; and
(b) to notify any person against whom he makes a claim in respect of that traffic accident of the amount of money he has received from the fund.
(2) Where a person, who has been notified under subsection (1)(b) by any person making a claim in respect of a traffic accident of the amount of money he has received from the fund in respect of that accident, intends making or is required to make any payment to or for the benefit of that person in respect of that accident, that person shall not less than 72 hours before the day on which payment is to be made notify the Director in writing of the name and address of the person to whom or for whose benefit the payment is to be made and the amount thereof.
(3) Any person who wilfully breaches an undertaking signed by him under subsection (1) commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 6 months.
(4) Any person who fails to comply with subsection (2) commits an offence and is liable on conviction to a fine at level 1.
(Amended E.R. 2 of 2012)

10. Recovery of money paid out of the fund
(1) Subject to subsection (2), where as a result of a traffic accident damages or compensation are or is paid to or for the benefit of any person to whom or for whose benefit money from the fund in respect of that accident has been paid, the person receiving the damages or compensation shall pay to the fund the amount of money paid from the fund.
(2) Where the damages or compensation are or is less than the money paid from the fund the amount to be paid to the fund under subsection (1) shall not exceed the amount of the damages or compensation.
(3) Where a person fails to pay money in accordance with subsection (1), the amount of the money not so paid shall be recoverable as a debt due to the Government. (Amended 17 of 1999 s. 3)
(4) In an action for damages for personal injuries arising out of a traffic accident there shall not be taken into account any money which has been or may be paid from the fund in respect of that accident.

### Traffic Accident Victims (Assistance Fund) Ordinance 《交通意外傷亡者(援助基金)條例》

11. Accounts, audit and annual report
(1) The Director shall keep such accounts of all transactions of the fund as the Director of Accounting Services may require and shall prepare for the period from the commencement of this Ordinance to 31 March thereafter, and for each subsequent period of 12 months ending on 31 March in each year, a statement of accounts of the fund, which statement shall include a receipts and payments account and balance sheet.
(2) The statement of accounts of the fund shall be submitted by the Director to the Director of Audit not later than 31 July next following the end of the period to which it relates or such later date as the Chief Executive may allow. (Amended 17 of 1999 s. 3)
(3) The accounts of the fund and the statement of the accounts shall be audited by the Director of Audit, who shall certify such statement subject to such report, if any, as he may think fit.
(4) A copy of the audited statement of accounts together with the Director of Audit’s report, if any, and a report by the Director on the administration of the fund during the period covered by the audited accounts shall be laid upon the table of the Legislative Council within 3 months of the receipt by the Director of the audited statement of accounts from the Director of Audit.

12. Cost of administration
(1) Subject to subsection (2), the cost of the administration of the fund shall be a charge on the general revenue of Hong Kong.
(2) The Financial Secretary may direct that an annual administration fee to be determined by him shall be charged to the income of the fund and paid into the general revenue of Hong Kong.

13. No derogation from common law
Nothing in this Ordinance shall diminish or extinguish any rights enforceable at common law arising from a traffic accident.

14. Power to amend Schedule
The Legislative Council may by resolution amend the Schedule.

### Summary Offences Ordinance 《簡易程序治罪條例》

1. Short title
This Ordinance may be cited as the Summary Offences Ordinance.

### Summary Offences Ordinance 《簡易程序治罪條例》

3. Delegation of powers
Where under any provision of this Ordinance any public officer is empowered to permit or consent to the doing of any thing or to issue any licence in respect thereof, such power may be exercised by any public officer in the same department as that of the officer to whom the power is granted who is authorized in writing in that behalf by such officer.
(Added 48 of 1959 s. 2)