### Road Traffic Ordinance 《道路交通條例》

88M. Termination of designation
(1) Notwithstanding section 88L, a designation in respect of a driving school shall, if the proprietor serves written notice of termination on the Commissioner of not less than 3 months, be terminated on the expiration of the period of such notice.
(2) Where a designation is terminated under this section, the Commissioner may make a refund in respect of any fee paid under section 88K of an amount not exceeding the sum obtained by dividing the amount of the fee paid by the number of complete months of the designation and multiplying the result by the number of complete months in the unexpired period of the designation.
(3) Within 28 days after a designation is terminated under this section, the driving school shall make a refund of the fee paid by a person taking a driving instruction course to that person, and the amount to be refunded shall be an amount obtained by dividing the fee paid by the total number of prescribed parts of a course and multiplying the result by the number of prescribed parts of a course which has not been given.
(4) The termination of a designation under this section shall not affect the validity of course certificates properly issued.

88N. Ancillary powers of the Commissioner
For the purposes of this Part the Commissioner—
(a) may issue, and may from time to time revise, a code of practice setting out the requirements, procedure and standards in respect of the content and duration of driving instruction courses, the facilities to be provided, the safety measures to be adopted and the equipment to be used in a driving school and any other matter he thinks fit; and
(b) may specify any form, including the form of any course certificate or other document; and
(c) may authorize in writing responsible persons to sign course certificates.

### Road Traffic Ordinance 《道路交通條例》

88O. Power to enter and inspect
(1) Any public officer authorized in writing by the Commissioner for the purposes of this section, may, during the hours when a driving school is open for business, enter the driving school and on production of his authorization—
(a) observe and monitor the giving of driving instruction courses;
(b) inspect the driving school and ascertain whether there has been a breach of—
(i) Schedule 9; or
(ii) the conditions specified in the designation under section 88K; and
(c) inspect or test any motor vehicle or equipment used for the giving of driving instruction courses.
(2) If it is made to appear to a magistrate by information upon oath that there is reason to believe that there has been a breach of—
(a) Schedule 9; or
(b) the conditions specified in the designation under section 88K, 
the magistrate may issue a warrant authorizing any public officer to enter and search any driving school.
(3) A public officer who entered a driving school in pursuance of a warrant issued under subsection (2) may inspect and make copies of any record, book or document kept or maintained in respect of the giving of driving instruction courses.

88P. Amendment of Schedule 9
The Chief Executive may by order published in the Gazette amend Schedule 9.
(Amended 3 of 2002 s. 15)

88Q. Protection of Government and public officers
No proceedings in tort shall lie against the Government or any public officer by reason only of the fact that a place is designated as a driving school under this Part.
(Amended 3 of 2002 s. 15)

89. Interpretation in this Part
In this Part, unless the context otherwise requires, fixed penalty (定額罰款) means, in relation to an offence specified in Schedule 4, the fixed penalty specified for that offence in the Schedule to the Fixed Penalty (Criminal Proceedings) Ordinance (Cap. 240).

### Road Traffic Ordinance 《道路交通條例》

90. Notice of intention to suspend on the conviction of a driver
(1) Where a person has been convicted of an offence specified in Schedule 4, or the fixed penalty for such an offence has been paid, the Commissioner shall, within 14 days after the date of the conviction or payment of the fixed penalty, cause a notice to be served on the registered owner of the motor vehicle in respect of which the offence was committed. (Amended L.N. 95 of 1993)
(2) A notice served under subsection (1) shall—
(a) specify—
(i) the offence of which the person was convicted or for which the fixed penalty has been paid and the date of conviction or payment of the fixed penalty;
(ii) the date on which the offence took place;
(iii) the time when and place where the offence occurred;
(iv) the registration mark of the motor vehicle; and
(v) the name of the person who committed the offence;
(b) notify the registered owner that the Commissioner may under section 93 suspend the vehicle licence for the period specified in column 3 or 4 of Schedule 4; and
(c) notify the registered owner that he may, within 14 days after the date of service of the notice—
(i) make representations in writing to the Commissioner showing cause why the vehicle licence should not be suspended; or
(ii) apply in writing to the Commissioner for a hearing before a Transport Tribunal to show cause why the vehicle licence should not be suspended.
(3) In the event of an appeal against conviction, the notice served under subsection (1) shall be of no effect, and, if the appeal is abandoned or the conviction is not quashed on the appeal, a further notice in accordance with this section shall be served on the registered owner of the motor vehicle within 14 days after the appeal was abandoned or finally determined.

### Road Traffic Ordinance 《道路交通條例》

91. Hearing to show cause why vehicle licence should not be suspended
(1) As soon as practicable after he receives an application from the registered owner of a motor vehicle for a hearing before a Transport Tribunal, the Commissioner shall cause a notice to be served on the owner specifying the place where, time when and date on which he may appear before a Transport Tribunal to show cause why the vehicle licence should not be suspended.
(2) The Commissioner shall, so far as practicable, ensure that the date of the hearing before the Transport Tribunal is not less than 10 days nor more than 30 days after the date of the notice served on the registered owner under subsection (1).
(3) A Transport Tribunal may postpone a hearing if it thinks fit and where a hearing is postponed, the Commissioner shall cause a notice to be served on the registered owner specifying the date to which the hearing has been postponed.
(4) If the registered owner of a motor vehicle does not appear before the Transport Tribunal on the date of the hearing notified to him in a notice under subsection (1) or (3), his application for a hearing shall be deemed to have been withdrawn.

92. Decision of Tribunal
(1) A Transport Tribunal shall after considering—
(a) any evidence received by it, whether tendered on behalf of the registered owner of the motor vehicle or otherwise, which it considers relevant to the hearing;
(b) any representations made by or on behalf of the registered owner of the motor vehicle, whether orally or in writing;
(c) any representations made by or on behalf of the Commissioner, whether orally or in writing,

determine whether or not the registered owner has shown cause why the vehicle licence should not be suspended.
(2) The decision of the Transport Tribunal under subsection (1) shall be final.
(3) If the Transport Tribunal decides that the registered owner has shown cause why the vehicle licence should not be suspended the Commissioner shall notify the registered owner accordingly.