2. Speeding and Other Moving Offences

2. Speeding and Other Moving Offences

The enforcement procedures for fixed penalty tickets against moving offences under the Fixed Penalty (Criminal Proceedings) Ordinance (Cap. 240) are as follows:

1. Form 1 (commonly known as “traffic ticket”): If a police officer has reason to believe that a person is committing or has committed a scheduled offence, he may give that person a Notice of Particulars of Alleged Fixed Penalty Traffic Offence (Form 1) by delivering it personally to that person or by fixing it to the vehicle used or involved in the commission of the offence. 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.

2. Notice Requiring Identification of Driver: In case the identity of the offended driver cannot be identified, a police officer may issue a Notice Requiring Identification of Driver to the registered owner of the vehicle involved. Within 21 days after the date of the notice, the recipient shall provide the name, address and driving licence number of the driver of the vehicle at the time of the alleged offence, and the recipient’s relationship to any such driver.

3. Form 2: No matter whether the penalty specified in Form 1 has been cleared or not before the due date, the Commissioner of Police will mail a Notice Demanding Payment of Fixed Penalty (Form 2) to the offender’s address registered with Transport Department. If the penalty has not been cleared, and if the offender does not intend to dispute liability for the offence concerned, he/she should pay the penalty according to the payment instructions stated on the overleaf of the demand note before the Last Date for Payment / Notification of Dispute. The demand note can be ignored if the correct amount of payment of the penalty has been made.

In case the offender has not indicated the intention to dispute in court

4. Court order: If the penalty has not been cleared and no notification of dispute has been given after the Last Date for Payment / Notification of Dispute, the magistrate will order the offender to pay the fixed penalty together with an additional penalty equal to the amount of the fixed penalty and court costs of not less than HK$80 or more than HK$1,500 within 14 days of being served with notice of the order. At the same time, the court 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.

5. Imprisonment: If the offender fails to pay the amount of the fixed penalty, additional penalty and costs on the specified date, he/she will be deemed to have failed to have paid a sum adjudged to be paid by a conviction and shall be liable to be imprisoned under Magistrates Ordinance (227).

6. 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

7. Return Form 2: If the offender wishes to dispute a fixed penalty ticket, he/she can sign the notification of dispute slip on the overleaf of the Form 2 and mail it on or before the Last Date for Payment / Notification of Dispute to Unit 3 of CTPD (30/F, Arsenal House, Police Headquarters, No. 1 Arsenal Street, Wanchai). The unit will then arrange with the court to issue a summons to the offender.

    

8. 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.