### Fixed Penalty (Traffic Contraventions) Ordinance 《定額罰款(交通違例事項)條例》

19. Proof in proceedings under section 16 or 18
Notwithstanding any provisions of the Magistrates Ordinance (Cap. 227), in any application under section 16(2) or in any proceedings under section 18 in the absence of the defendant, an order under section 16(2) shall be made upon, or the substance of the complaint may be proved by, the production by the applicant or complainant to the magistrate of—
(a) a copy of the notice served under section 15(3) together with a certificate of posting under subsection (6) of that section; and
(b) a certificate under section 21(1).
(Replaced 56 of 1981 s. 8)

20. Hearing of complaint
(1) A defendant shall, if he is present at a hearing and does not admit the truth of a complaint, be forthwith required to state the nature of his defence and if he does not at that stage expressly put in issue any allegation of fact contained in a certificate produced under section 21(1) he shall not thereafter be permitted to dispute or adduce evidence to contradict any such fact contained in the certificate. (Amended 42 of 1971 s. 5)
(2) If a defendant has put in issue any allegation of fact in accordance with subsection (1), a magistrate may proceed to the hearing of the complaint and adjudicate thereon or may adjourn the proceedings and may issue a summons for the appearance of any witness.
(3) Where a person served with a summons in proceedings under section 16(1) does not appear before the magistrate or, having appeared, offers no defence or a defence which is frivolous or vexatious, the magistrate shall order that person to pay the fixed penalty together with an additional penalty equal to the amount of the fixed penalty. (Added 56 of 1981 s. 9)
(4) Where an order is made in proceedings under section 18, the magistrate shall cause notice of the order to be served on the defendant. (Added 56 of 1981 s. 9)
(5) Notice of the order made in any proceedings under section 18 may be served by sending it by post—
(a) where it is directed to a registered owner, to his registered address; or
(b) where it is directed to a driver under section 3(2), to the address where the driver normally works. (Added 56 of 1981 s. 9)

### Fixed Penalty (Traffic Contraventions) Ordinance 《定額罰款(交通違例事項)條例》

20A. Discontinuance of complaint
The complainant may, without the leave of the magistrate, discontinue a complaint against a defendant at any stage of the proceedings on giving notice in writing to the defendant and to the magistrate concerned.
(Added 59 of 1977 s. 15)

20B. Payment of fixed penalty after issue of summons
(1) Notwithstanding that proceedings have been instituted against a person who has notified the Commissioner of Police in accordance with the notice served on him under section 15(3), that he wishes to dispute liability, the defendant may pay the fixed penalty together with an additional penalty equal to the amount of the fixed penalty in accordance with subsection (2), and, if at the same time the defendant also pays to the court the sum of $500 by way of costs, the proceedings shall thereupon terminate. (Amended 56 of 1981 s. 10; 39 of 1984 s. 9; L.N. 102 of 1991; L.N. 219 of 1995; L.N. 45 of 1998)
(2) Payment under subsection (1) shall be made to any magistrate’s court not later than 2 clear working days before the day specified in the summons for his appearance; and the summons shall be produced at the time of payment. (Amended 59 of 1994 s. 9)
(2A) In subsection (2) the expression 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. (Added 59 of 1994 s. 9. Amended 18 of 2016 s. 15)
(3) The Legislative Council may, by resolution, amend the sum specified in subsection (1). (Added 39 of 1984 s. 9)
(Added 59 of 1977 s. 15)

### Fixed Penalty (Traffic Contraventions) Ordinance 《定額罰款(交通違例事項)條例》

24. Recovery of sums paid by registered owner
When a registered owner has paid a fixed penalty, an additional penalty or costs such fixed penalty, additional penalty or costs may be recovered summarily as a civil debt by the registered owner from the person who was driving or in charge of the motor vehicle at the time the contravention was committed.
(Amended 56 of 1981 s. 14)

### Fixed Penalty (Traffic Contraventions) Ordinance 《定額罰款(交通違例事項)條例》

25. Power to make regulations
The Secretary for Transport and Logistics may make regulations— (Amended 3 of 1994 s. 2; L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)
(a) prescribing anything which under this Ordinance is to be or may be prescribed;
(b) specifying the persons to whom and the places at which a fixed penalty or an additional penalty may be paid;
(c) specifying the manner of payment of a fixed penalty or an additional penalty and the receipt therefor;
(d) specifying the duties of a person to whom a fixed penalty or an additional penalty is payable and the information to be supplied to him;
(e) specifying the procedure for the application for and issue of a certificate under section 22(4A); and
(f) generally for the better carrying out of the provisions of this Ordinance.
(Amended 56 of 1981 s. 15)

### Fixed Penalty (Traffic Contraventions) Regulations 《定額罰款(交通違例事項)規例》

1. Citation
These regulations may be cited as the Fixed Penalty (Traffic Contraventions) Regulations.

2. Notices under section 15
(1) A notice for the purposes of section 15(2) of the Ordinance shall be in accordance with Form 1 in the Schedule.
(2) A notice for the purposes of section 15(3) of the Ordinance shall be in accordance with Form 2 in the Schedule.
(3) A notice in Form 2 in the Schedule shall be valid if the name of the Commissioner of Police or a police officer authorized by him is printed or signed thereon. (L.N. 31 of 1973)