### Road Traffic Ordinance 《道路交通條例》

93. Suspension of vehicle licence and delivery of vehicle into custody of Commissioner
(1) If—
(a) no written representations are made by or on behalf of the registered owner of a motor vehicle, and no application is made for a hearing before a Transport Tribunal, within the time notified in a notice served under section 90(1); or
(b) an application for a hearing before a Transport Tribunal is deemed to have been withdrawn under section 91(4),

the Commissioner shall suspend the vehicle licence for the appropriate period specified in column 3 or 4 of Schedule 4.
(2) If a Transport Tribunal decides that the registered owner of a motor vehicle has not shown cause why the vehicle licence should not be suspended the Commissioner shall suspend it for the appropriate period specified in column 3 or 4 of Schedule 4.
(3) Where the Commissioner suspends a vehicle licence under subsection (1) or (2), he shall cause a notice to be served on the registered owner.
(4) A notice under subsection (3) shall—
(a) specify—
(i) the registration mark of the motor vehicle the licence of which is suspended; and
(ii) the period during which the vehicle licence shall be suspended and the date of commencement of the suspension; and
(b) direct the registered owner to deliver the motor vehicle into the custody of the Commissioner on the day and at the time and place specified in the notice.
(5) The Commissioner shall keep a record of every suspension of a vehicle licence under subsection (1) or (2) in such form as he thinks fit.

94. Penalty payable if vehicle not delivered into custody
(1) If without reasonable excuse, a motor vehicle is not delivered into the custody of the Commissioner in accordance with a notice served under section 93, the registered owner shall be liable to pay to the Government a penalty of $200 for each day or part thereof while the suspension of the vehicle licence continues in force and the motor vehicle is not in the custody of the Commissioner or the Commissioner of Police under section 95.
(2) Any penalty due under subsection (1) may be recovered from the registered owner by civil proceedings as a debt due to the Government. (Amended 3 of 2002 s. 15)

### Road Traffic Ordinance 《道路交通條例》

95. Seizure and removal of vehicle
(1) If a motor vehicle has not been delivered into the custody of the Commissioner at the expiration of 7 days after the date specified in a notice served under section 93, any police officer may seize the motor vehicle.
(2) Subject to subsection (3), a police officer who has seized a motor vehicle under subsection (1) shall deliver it forthwith into the custody of the Commissioner at the place specified in the notice under section 93.
(3) If at the time when a motor vehicle is seized it is not practicable for a police officer to deliver it directly to the place specified in the notice under section 93, he may take the motor vehicle to a police station, and thereafter a police officer shall deliver it to the place so specified as soon as practicable and in any event not later than 7 days after the seizure.
(4) For the purpose of seizing a motor vehicle under this section, a police officer may—
(a) order any person who is in or on the motor vehicle to alight from it;
(b) order any person who appears to him to be in possession of any keys to the motor vehicle to give them to him or to any other person; and
(c) enter and search any premises or place if he knows or has reason to suspect that the motor vehicle is in or on such premises or place.
(5) A police officer may use such force as is reasonably necessary for the purpose of entering or searching any premises or place under subsection (4)(c) or of seizing or removing any motor vehicle from such premises or place under this section.

### Road Traffic Ordinance 《道路交通條例》

96. Forfeiture and disposal of vehicle
(1) If a motor vehicle is—
(a) delivered into the custody of the Commissioner in accordance with a notice served under section 93; or
(b) seized and delivered into his custody under section 95,

the Commissioner shall, within 10 days of its delivery into his custody, serve on the registered owner a notice in writing in accordance with subsection (2).
(2) A notice under subsection (1) shall—
(a) specify—
(i) the date of delivery into the custody of the Commissioner; and
(ii) the place at which the motor vehicle is being held; and
(b) notify the registered owner that at the expiry of the period of suspension the Commissioner will return the motor vehicle to the registered owner if, not later than 30 days after the expiry of the period of suspension, the registered owner—
(i) claims the motor vehicle; and
(ii) pays to the Commissioner any penalty payable under section 94 and, if the vehicle was seized by a police officer under section 95 the removal charge specified in Schedule 5; and
(c) notify the registered owner of the effect of subsection (4).
(3) If the registered owner claims the motor vehicle within 30 days after the expiry of the period of suspension of the licence, the Commissioner shall, on payment of any penalty payable under section 94 and, if the vehicle was seized by a police officer under section 95, of the removal charge specified in Schedule 5, return the motor vehicle to the registered owner.
(4) If the registered owner does not make a claim for the return within 30 days after the expiry of the period of suspension, the motor vehicle shall thereupon be forfeited to the Government and may be sold or otherwise disposed of in such manner as the Commissioner thinks fit. (Amended 3 of 2002 s. 15)

97. Record and certificate of alleged offences
(1) The Commissioner shall keep a record of the registration mark of every motor vehicle in connection with which any person is alleged to have committed an offence specified in Schedule 4.
(2) The Commissioner shall, on application made to him in such manner as he may determine, issue a certificate stating whether or not at the time of the issue of the certificate any person is, according to the record maintained under subsection (1), alleged to have committed an offence specified in Schedule 4 in connection with the motor vehicle bearing the registration mark specified in the application.
(3) A certificate issued under subsection (2) shall be valid for 72 hours from the time of issue.

98. Commissioner of Police to supply information for the record
For the purposes of section 97 the Commissioner of Police shall notify the Commissioner of every alleged offence specified in Schedule 4.

### Road Traffic Ordinance 《道路交通條例》

99. Removal of registration mark from the record
Where a person who is alleged to have committed an offence specified in Schedule 4 in connection with a motor vehicle the registration mark of which has been recorded under section 97—
(a) is not prosecuted for that offence;
(b) is found not guilty of that offence;
(c) has his conviction for that offence quashed on appeal,
the Commissioner shall forthwith remove from the record the registration mark of the motor vehicle concerned.

100. Application of sections 90 to 96
(1) Sections 90 to 96 shall not apply or shall cease to apply where a motor vehicle is sold or otherwise disposed of and the new registered owner is, at the time of delivery of notice of transfer of ownership in accordance with the regulations, in possession of a valid certificate issued by the Commissioner under section 97 to the effect that at the time of issue, no person was alleged to have committed an offence specified in the Schedule 4 in respect of that motor vehicle. 
(2) Subject to subsection (1), sections 90 to 96 shall apply notwithstanding that a transfer of the ownership of a motor vehicle has been registered by the Commissioner after a person has committed an offence specified in Schedule 4 in connection with that vehicle. 

101. Service of notices
Any notice required under this Part to be served on the registered owner of a motor vehicle may be served on him in person or by forwarding it by registered post or recorded mail to him at the address shown in the register of motor vehicles maintained by the Commissioner under this Ordinance.

102. Amendment of Schedule 4
The Chief Executive in Council may by order published in the Gazette amend Schedule 4.
(Amended 3 of 2002 s. 15)