Traffic Accident Victims (Assistance Fund) Ordinance


Published: 2012-08-02

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Cap 229 - Traffic Accident Victims (Assistance Fund) Ordinance 1

Chapter: 229 Traffic Accident Victims (Assistance Fund) Ordinance Gazette Number Version Date

Long title E.R. 2 of 2012 02/08/2012


To provide for the creation of a fund for assisting traffic accident victims, the charging of levies and for purposes
connected therewith.


[1 January 1979]


(Originally 84 of 1978)

(*Format changes—E.R. 2 of 2012)
______________________________________________________________________
Note:
* The format of the Ordinance has been updated to the current legislative styles.

Section: 1 Short title E.R. 2 of 2012 02/08/2012


This Ordinance may be cited as the Traffic Accident Victims (Assistance Fund) Ordinance.

Section: 2 Interpretation and declaration E.R. 2 of 2012 02/08/2012


(1) In this Ordinance, unless the context otherwise requires—
Commissioner (署長) means the Commissioner for Transport;
Director (社會福利署署長) means the Director of Social Welfare Incorporated;
fund (基金) means the assistance fund established under section 3;
light rail vehicle (輕鐵車輛) means a vehicle operated on the North-west Railway; (Added 12 of 1989 s. 2)
North-west Railway (西北鐵路) has the meaning assigned to it by section 2 of the Kowloon-Canton Railway

Corporation Ordinance (Cap 372); (Added 12 of 1989 s. 2)
registered owner (登記車主) means the person in whose name a motor vehicle is registered in accordance with the

Road Traffic Ordinance (Cap 374); (Amended 79 of 1979 s. 2)
road (道路) includes—

(a) every highway, thoroughfare, street, lane, public bridge, alley, court, square, archway, passage, path, way
and place to which the public have access, either continuously or intermittently and either of right or by
licence, whether the same be the property of the Government or otherwise; (Amended 29 of 1998 s. 105)

(b) the tramway authorized by section 3(2) of the Tramway Ordinance (Cap 107); and
(c) the railway of the North-west Railway; (Replaced 12 of 1989 s. 2)

trade licence (試車牌照) means a trade licence issued under regulations made under the Road Traffic Ordinance
(Cap 374);

traffic accident (交通意外) means an accident occurring on or after 1 May 1979 which causes the death of or injury
to any person as the direct result of the use or presence of a vehicle on a road;

traffic accident victim (交通意外傷亡者) means any person who is killed or suffers personal injuries in a traffic
accident;

tramcar (電車車廂) and trailer (拖車) mean any tramcar or trailer owned by Hong Kong Tramways Limited;
vehicle (車輛) and motor vehicle (汽車) mean any vehicle whether mechanically propelled or otherwise intended or

adapted for use on roads;
vehicle licence (車輛牌照) means a licence issued in respect of a motor vehicle under the Road Traffic Ordinance

(Cap 374). (Replaced 79 of 1979 s. 2)
(2) It is declared that with effect from 1 March 1988—

(a) the expression dependants (受養人) shall be deemed to have included the dependants of all persons
referred to in paragraph (c);

(b) the definition road (道路) shall be deemed to have included the railway of the North-west Railway; and



Cap 229 - Traffic Accident Victims (Assistance Fund) Ordinance 2

(c) the definition traffic accident victim (交通意外傷亡者) shall be deemed to have included all persons who
have suffered death or personal injury in a traffic accident on the railway of the North-west Railway. (12 of
1989 s. 6 incorporated)


Section: 2A Application of Ordinance to private roads E.R. 2 of 2012 02/08/2012


(1) The provisions of this Ordinance shall apply to private roads as they apply to roads and, for that purpose, the
provisions of any other Ordinance which relate, in any way, to the provisions of this Ordinance shall apply
accordingly.

(2) For the purposes of this section, private road (私家路) means a private road within the meaning of the Road
Traffic Ordinance (Cap 374).

(Added 80 of 1988 s. 12)

Section: 3 Establishment of assistance fund E.R. 2 of 2012 02/08/2012


(1) There is hereby established a fund for assisting traffic accident victims and their dependants.
(2) There shall be credited to the fund—

(a) all levies that are paid under sections 5 and 6;
(b) all sums received by the fund under section 10;
(c) such sums as may from time to time be voted by the Legislative Council for the purpose;
(d) all interest and other income derived from the money and investments comprising the fund.

(3) The fund shall be administered by the Director.

Section: 4 Objects of the fund E.R. 2 of 2012 02/08/2012


There shall be paid from the fund—
(a) all moneys payable to traffic accident victims and their dependants in accordance with the Traffic Accident

Victims Assistance Scheme approved by the Legislative Council together with any amendments to the
Scheme or any replacement of the Scheme which may be approved by the Legislative Council;

(b) any refund of levies made under section 5(9); and
(c) the cost of any administration fee charged under section 12.


Section: 5 Levy on motor vehicles E.R. 2 of 2012 02/08/2012


(1) An annual levy at the rate specified in Part 1 of the Schedule shall be payable in respect of—
(a) every motor vehicle which is licensed or is required to be registered and licensed in accordance with the

Road Traffic Ordinance (Cap 374); (Amended 79 of 1979 s. 2)
(b) every trade licence;
(c) every motor vehicle owned by the Government or the Hong Kong Garrison; (Amended 2 of 2012 s. 3)
(ca) every light rail vehicle; (Added 12 of 1989 s. 3)
(d) every tramcar;
(e) every trailer drawn by a tramcar.

(2) A levy payable under subsection (1)(c) in respect of motor vehicles in the possession of the Hong Kong Garrison
shall be so payable in respect only of such motor vehicles which the Secretary for Security certifies, at the time
when the levy is payable, to be part of the vehicle establishment of the Hong Kong Garrison. (Amended 2 of
2012 s. 3)

(3) Subject to subsection (4), in the case of a motor vehicle to which subsection (1)(a) applies or in the case of a
trade licence, the levy shall be payable by the registered owner of the vehicle or the person to whom the trade
licence is issued for each consecutive period of 12 months during which the vehicle is licensed or the trade
licence is valid, under regulations made under the Road Traffic Ordinance (Cap 374), such period commencing
on the date from which the vehicle licence or trade licence is granted.

(4) Where a motor vehicle to which subsection (1)(a) applies is licensed for less than 12 months, the amount of the
levy payable by the registered owner shall be reduced by one-twelfth thereof for each complete month by which
that period is less than 12 months.



Cap 229 - Traffic Accident Victims (Assistance Fund) Ordinance 3

(5) The levy shall be paid to the Commissioner and shall accompany the application made for the vehicle licence or
trade licence, as the case may be.

(6) In the case of a motor vehicle to which subsection (1)(a) applies or in the case of a trade licence, the levy shall
be payable where the vehicle licence or trade licence is issued on or after 1 May 1979; but where a vehicle
licence is due to expire on or after that date and, at any time during the period of 4 months immediately
preceding the date of expiry of the licence, the registered owner of the motor vehicle to which the vehicle licence
relates obtains a new vehicle licence in accordance with regulation 21(5) of the Road Traffic (Registration and
Licensing of Vehicles) Regulations (Cap 374 sub. leg. E), the registered owner shall pay the levy that would
have been payable had he applied for the new vehicle licence on or after 1 May 1979. (Amended 12 of 1988 s.
3)

(7) In the case of a motor vehicle to which subsection (1)(c) applies the levy shall be payable by the Government
from general revenue not later than 1 June 1979 and thereafter at intervals of 12 months calculated from the date
of the first payment. (Amended 2 of 2012 s. 3)

(7A) Subject to subsection (7B), in the case of a light rail vehicle the levy shall be payable with effect from 1 March
1988 by the Kowloon-Canton Railway Corporation to the Commissioner, and shall be paid not later than 2
months after the commencement of the Traffic Accident Victims (Assistance Fund) (Amendment) Ordinance
1989 (12 of 1989) and thereafter at intervals of 12 months calculated from 1 March 1989. (Added 12 of 1989 s.
3. Amended 11 of 2007 s. 36)

(7B) During the Concession Period within the meaning of section 2(1) of the Mass Transit Railway Ordinance (Cap
556), the levy payable under subsection (7A) shall be payable by the MTR Corporation Limited as if it were the
Kowloon-Canton Railway Corporation. (Added 11 of 2007 s. 36)

(8) In the case of a tramcar and trailer the levy shall be payable by Hong Kong Tramways Limited to the
Commissioner not later than 1 June 1979 and thereafter at intervals of 12 months calculated from the date of the
first payment.

(9) Where—
(a) the vehicle licence of a motor vehicle to which subsection (1)(a) applies is cancelled, revoked or

surrendered and a refund of the fee for such licence is made;
(b) a trade licence is cancelled; or
(c) a light rail vehicle, tramcar or trailer is broken up, destroyed, rendered permanently immobile or sent

permanently out of Hong Kong,
the Commissioner shall, on application in writing made to him by the registered owner of the vehicle, the person
to whom the trade licence was issued, the Kowloon-Canton Railway Corporation, MTR Corporation Limited or
Hong Kong Tramways Limited, as the case may be, refund to such registered owner, person, Corporation or
company a sum equal to one-twelfth part of the amount of the levy in respect of the vehicle, trade licence, light
rail vehicle, tramcar or trailer for each complete month between the date on which the licence was cancelled,
revoked or surrendered or the light rail vehicle, tramcar or trailer was broken up, destroyed, rendered
permanently immobile or sent permanently out of Hong Kong, as the case may be, and the end of the 12 months
in respect of which the levy was paid. (Amended 12 of 1989 s. 3; 11 of 2007 s. 36)

(Amended E.R. 2 of 2012)

Section: 6 Levy on licence holders and members of Hong Kong

Garrison*
E.R. 2 of 2012 02/08/2012



(1) A levy at the rate specified in Part 2 of the Schedule shall be payable by—
(a) every holder of a valid full driving licence, learner's driving licence, temporary driving licence or

probationary driving licence issued under the Road Traffic (Driving Licences) Regulations (Cap 374 sub.
leg. B); (Amended 49 of 2000 s. 11)

(b) the Government in respect of every person in the public service of the Government who, not being the
holder of a valid full driving licence, learner's driving licence or temporary driving licence issued under the
Road Traffic (Driving Licences) Regulations (Cap 374 sub. leg.), is at the date of payment of the levy the
holder of a valid driving licence to drive Government vehicles issued under the Road Traffic (Driving
Licences) Regulations (Cap 374 sub. leg.) or other authorization permitting that person to drive a vehicle
belonging to the Government; (Amended 12 of 1989 s. 4; 2 of 2012 s. 3)

(c) the Government in respect of every member of the Hong Kong Garrison who, not being the holder of a



Cap 229 - Traffic Accident Victims (Assistance Fund) Ordinance 4

valid full driving licence, learner’s driving licence or temporary driving licence issued under the Road
Traffic (Driving Licences) Regulations (Cap 374 sub. leg. B), is at the date of payment of the levy permitted
by the Commander of the Hong Kong Garrison to drive a vehicle belonging to the Hong Kong Garrison.
(Added 2 of 2012 s. 3)

(2) A levy payable under subsection (1)(a) in respect of a driving licence shall be payable for each consecutive
period during which the licence remains valid. (Replaced 45 of 1997 s. 2)

(2A) A levy payable under subsection (1)(a) in respect of a probationary driving licence shall be reduced by 50%
where the licence is reissued or renewed for 6 months. (Added 49 of 2000 s. 11. Amended 23 of 2008 s. 67)

(3) A levy under subsection (1)(a) shall be paid by the licence holder to the Commissioner and shall accompany the
application for the licence.

(4) A levy under subsection (1)(a) shall be payable where the licence is granted on or after 1 May 1979, but where a
driving licence is due to expire on or after that date and, at any time during the 4 months immediately preceding
the date of expiry of the licence, the holder renews that licence in accordance with regulation 15(2)(a) of the
Road Traffic (Driving Licences) Regulations (Cap 374 sub. leg. B), the holder shall pay the levy that would have
been payable had he renewed the licence on or after 1 May 1979. (Amended 12 of 1989 s. 4)

(5) The levy under subsection (1)(b) and (c) shall be payable by the Government from the general revenue not later
than 1 June 1979 and thereafter at intervals of 12 months calculated from the date of the first payment.
(Amended 2 of 2012 s. 3)

(6) In this section, person in the public service of the Government (政府公共服務人員) means a person who is
— (Amended 2 of 2012 s. 3)
(a) a public officer; or
(b) (Repealed 2 of 2012 s. 3)
(c) a member of—

(i) (Repealed 20 of 1997 s. 25);
(ii) the Government Flying Service;
(iii) the Hong Kong Auxiliary Police Force; or (Amended L.N. 362 of 1997)
(iv) the Essential Services Corps; (Amended 57 of 1997 s. 34)
(v) the Auxiliary Medical Service; (Added 57 of 1997 s. 34. Amended 58 of 1997 s. 34)
(vi) the Civil Aid Service. (Added 58 of 1997 s. 34. Amended 2 of 2012 s. 3)

(Amended E.R. 2 of 2012)
_________________________________________________________________________________
Note:
* (Amended 2 of 2012 s. 3)

Section: 7 Failure to pay levy E.R. 2 of 2012 02/08/2012


(1) Where a person who is liable to pay—
(a) an annual levy under section 5 in respect of a motor vehicle to which section 5(1)(a) applies or in respect of

a trade licence to which section 5(1)(b) applies; or
(b) a levy under section 6 in respect of a driving licence to which section 6(1)(a) applies,
fails to pay such levy, the Commissioner shall—
(i) in respect of such motor vehicle refuse to issue a vehicle licence in respect of that vehicle until the annual

levy is paid;
(ii) in respect of such trade licence, refuse to issue or renew that licence until the annual levy is paid; or
(iii) refuse to issue such driving licence until the levy is paid,
as the case may be.

(2) Any unpaid annual levy or levy due from any person other than the Government is recoverable as a debt due to
the Government. (Amended 2 of 2012 s. 3)


Section: 8 Investment E.R. 2 of 2012 02/08/2012


The Director may invest any moneys of the fund in such investments as the Financial Secretary may direct, whether or
not such investments are investments authorized under the Trustee Ordinance (Cap 29).




Cap 229 - Traffic Accident Victims (Assistance Fund) Ordinance 5

Section: 9 Undertaking to notify Director of claim, etc. E.R. 2 of 2012 02/08/2012


(1) It shall be a condition of any payment of money from the fund to a person eligible to receive such money, that he
signs, in such form as the Director may specify, an undertaking—
(a) to notify the Director within such period as may be specified in the undertaking, of the making by that

person of any claim or the bringing of any legal proceedings by that person in respect of the traffic accident
for which he is eligible to claim money from the fund; and

(b) to notify any person against whom he makes a claim in respect of that traffic accident of the amount of
money he has received from the fund.

(2) Where a person, who has been notified under subsection (1)(b) by any person making a claim in respect of a
traffic accident of the amount of money he has received from the fund in respect of that accident, intends making
or is required to make any payment to or for the benefit of that person in respect of that accident, that person
shall not less than 72 hours before the day on which payment is to be made notify the Director in writing of the
name and address of the person to whom or for whose benefit the payment is to be made and the amount thereof.

(3) Any person who wilfully breaches an undertaking signed by him under subsection (1) commits an offence and is
liable on conviction to a fine at level 1 and to imprisonment for 6 months.

(4) Any person who fails to comply with subsection (2) commits an offence and is liable on conviction to a fine at
level 1.

(Amended E.R. 2 of 2012)

Section: 10 Recovery of money paid out of the fund E.R. 2 of 2012 02/08/2012


(1) Subject to subsection (2), where as a result of a traffic accident damages or compensation are or is paid to or for
the benefit of any person to whom or for whose benefit money from the fund in respect of that accident has been
paid, the person receiving the damages or compensation shall pay to the fund the amount of money paid from the
fund.

(2) Where the damages or compensation are or is less than the money paid from the fund the amount to be paid to
the fund under subsection (1) shall not exceed the amount of the damages or compensation.

(3) Where a person fails to pay money in accordance with subsection (1), the amount of the money not so paid shall
be recoverable as a debt due to the Government. (Amended 17 of 1999 s. 3)

(4) In an action for damages for personal injuries arising out of a traffic accident there shall not be taken into
account any money which has been or may be paid from the fund in respect of that accident.


Section: 11 Accounts, audit and annual report E.R. 2 of 2012 02/08/2012


(1) The Director shall keep such accounts of all transactions of the fund as the Director of Accounting Services may
require and shall prepare for the period from the commencement of this Ordinance to 31 March thereafter, and
for each subsequent period of 12 months ending on 31 March in each year, a statement of accounts of the fund,
which statement shall include a receipts and payments account and balance sheet.

(2) The statement of accounts of the fund shall be submitted by the Director to the Director of Audit not later than
31 July next following the end of the period to which it relates or such later date as the Chief Executive may
allow. (Amended 17 of 1999 s. 3)

(3) The accounts of the fund and the statement of the accounts shall be audited by the Director of Audit, who shall
certify such statement subject to such report, if any, as he may think fit.

(4) A copy of the audited statement of accounts together with the Director of Audit's report, if any, and a report by
the Director on the administration of the fund during the period covered by the audited accounts shall be laid
upon the table of the Legislative Council within 3 months of the receipt by the Director of the audited statement
of accounts from the Director of Audit.


Section: 12 Cost of administration E.R. 2 of 2012 02/08/2012


(1) Subject to subsection (2), the cost of the administration of the fund shall be a charge on the general revenue of
Hong Kong.

(2) The Financial Secretary may direct that an annual administration fee to be determined by him shall be charged to



Cap 229 - Traffic Accident Victims (Assistance Fund) Ordinance 6

the income of the fund and paid into the general revenue of Hong Kong.

Section: 13 No derogation from common law E.R. 2 of 2012 02/08/2012


Nothing in this Ordinance shall diminish or extinguish any rights enforceable at common law arising from a traffic
accident.

Section: 14 Power to amend Schedule E.R. 2 of 2012 02/08/2012


The Legislative Council may by resolution amend the Schedule.

Schedule: Schedule E.R. 2 of 2012 02/08/2012


[sections 5, 6 & 14]


Part 1


Levy on Motor Vehicles, Trade Licences, Light Rail Vehicles, Tramcars and Trailers



No. of Class


Description

Annual Levy in respect
of a levy paid in 1994

Annual Levy in respect
of a levy paid after 1994


1. Motor vehicle $84 $114


2. Trade licence $84 $114


3. Light rail vehicle $84 $114


4. Tramcar $84 $114


5. Trailer drawn by a tramcar $84 $114



Part 2


Levy on Holders of Driving Licences and Members of Hong Kong Garrison
(Amended 2 of 2012 s. 3)




Item




Type of Licence or Permission

Annual Levy in
respect of a levy

paid in 1994

Annual Levy in
respect of a levy
paid after 1994


1. Full driving licence $28 $38


2. Learner's driving licence $28 $38


3. Temporary driving licence $28 $38


3A. Probationary driving licence (Added 49 of

2000 s. 12)


not applicable $38


4. Driving licence or other authorization
permitting a person in the public service of the
Government to drive a vehicle belonging to the
Government

$28 $38



Cap 229 - Traffic Accident Victims (Assistance Fund) Ordinance 7


5. Permission permitting a member of the Hong

Kong Garrison to drive a vehicle belonging to
the Hong Kong Garrison (Added 2 of 2012 s. 3)

— $38

(Replaced 12 of 1989 s. 5. Amended L.N. 384 of 1990; L.N. 9 of 1994; L.N. 410 of 1994; 2 of 2012 s. 3)

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