1. Parking Contraventions
The enforcement procedures for fixed penalty tickets against parking contraventions under the Fixed Penalty (Traffic Contraventions) Ordinance (Cap. 237) are as follows:
- Form 1 (commonly known as “traffic ticket”): If a police officer has reasonable cause to believe that a contravention is being or has been committed, he/she may deliver a Fixed Penalty Notice (Form 1) to the person in charge of the vehicle or fixed on the vehicle. The penalty should be paid according to the payment instructions stated on the overleaf of the Form 1 within 21 days of the issue date of the Notice in order to discharge the liability of the contravention.
- Form 2: If the offender fails to pay the penalty within 21 days of the issue date of Form 1, the Notice Demanding Payment of Fixed Penalty (Form 2) will be issued within 6 months from the date of the contravention and sent to the registered owner of the offending vehicle by post to the address as registered at Transport Department. The vehicle owner has to pay the penalty or dispute the case in court according to the instructions stated on the Notice before the due date prescribed in the Notice.
In case the offender has not indicated the intention to dispute in court
- Court order: If a person on whom Form 2 has been served has not paid the fixed penalty and has not notified the Commissioner of Police that he wishes to dispute liability for the contravention before the prescribed due date in Form 2, an application will be made by the Secretary for Justice, in the absence of the person, before a magistrate to order the person to pay the fixed penalty, together with an additional penalty equal to the amount of the fixed penalty and a court costs in a total of HK$1080. At the same time, the magistrate will put the following restrictions against the person until the payment of the order has been settled:
- refuse the issuing and renewal of the person’s driving licence;
- refuse the renewal of all vehicle licences under the name of the person;
- refuse the transfer of vehicle ownerships of all vehicles registered under the name of the person; and
- refuse the issuing of traffic conviction records of the person.
- Distress: If a person failed to settle a court order within 1 month of the date of the order to so pay, the Secretary for Justice will apply, in the absence of the person, before a magistrate for an order directing that all costs as stated in the ordinance be levied on any goods and chattels of the person by distress and sale.
In case the offender intends to dispute in court
- Return Form 2: A registered vehicle owner could dispute the liability of a traffic contravention by writing to or forwarding a signed Notification to Commissioner of Police of Wish to Dispute Liability for Contraventions, which is at the back of the Notice Demanding Payment of Fixed Penalty (Form 2), to Unit 4 of Central Traffic Prosecutions Division (CTPD) at 30/F, Arsenal House, Police Headquarters, No. 1 Arsenal Street, Wanchai. Any such document must be signed by the registered vehicle owner or affixed with a company seal (if the registered owner is a company) and forwarded to CTPD by the due date prescribed on the Form 2.
- Appear before the Magistrate: The offender should appear before the magistrate presiding in the summons or he/she may discharge the liability for the contravention by presenting the Summons at the Accounts Office of any Magistrates’ Courts, not later than two clear working days before the appearance day and pay the amount stated in the Summons.