Cap 237 - FIXED PENALTY (TRAFFIC CONTRAVENTIONS) ORDINANCE 1
Chapter: 237 FIXED PENALTY (TRAFFIC CONTRAVENTIONS)
ORDINANCE
Gazette Number Version Date
Long title 30/06/1997
To provide for a fixed penalty to be payable for various contraventions of the law; for the recovery of the fixed
penalty, and for matters incidental thereto or connected therewith.
(Amended 56 of 1981 s. 2)
[20 September 1971] L.N. 112 of 1971
(Originally 28 of 1970)
Section: 1 Short title 30/06/1997
This Ordinance may be cited as the Fixed Penalty (Traffic Contraventions) Ordinance.
Section: 2 Interpretation 30/06/1997
In this Ordinance, unless the context otherwise requires-
"approved card" (認可卡), "parking place" (泊車處), "parking space" (泊車位) and "temporary parking space" (臨
時泊車位) have the respective meanings assigned to them by the Road Traffic (Parking) Regulations (Cap 374
sub. leg. C); (Replaced 39 of 1984 s. 2. Amended 62 of 1991 s. 2)
"Commissioner" (署長) means the Commissioner for Transport;
"contravention" (違反、違例事項) means a contravention of any of the provisions of section 4, 5, 6, 7, 8(1), (2) and
(4), 9, 10 or 11(1); (Replaced 59 of 1977 s. 2)
"card operated parking meter" (儲值卡停車收費錶) and "coin operated parking meter" (硬幣停車收費錶) have
the respective meanings assigned to them by the Road Traffic (Parking) Regulations (Cap 374 sub.leg. C);
(Added 62 of 1991 s. 2)
"display ticket" (泊車票) has the meaning assigned to it by the Road Traffic Ordinance (Cap 374); (Added 62 of
1991 s. 2)
"driver" (司機), "motor vehicle" (汽車), "bus" (巴士), "personal effects" (個人財物), "private road" (私家路),
"road" (道路), "taxi" (的士) assigned and "vehicle" (車輛) have the respective meanings to them by the Road
Traffic Ordinance (Cap 374) enacted in 1982; (Amended 39 of 1984 s. 2; 80 of 1988 s. 13)
"fixed penalty" (定額罰款) means the penalty prescribed by section 13;
"parking" (泊車) has the meaning assigned to it in the Road Traffic (Parking) Regulations (Cap 374 sub. leg. C);
(Added 39 of 1984 s. 2)
"parking card" (泊車儲值卡), "parking fee" (泊車費) and "parking meter" (停車收費錶) have the respective
meanings assigned to them by the Road Traffic Ordinance (Cap 374); (Added 62 of 1991 s. 2)
"pay and display machine" (憑票泊車機) has the meaning assigned to it by the Road Traffic Ordinance (Cap 374);
(Added 62 of 1991 s. 2)
"pay and display parking space" (憑票泊車車位) has the meaning assigned to it by the Road Traffic (Parking)
Regulations (Cap 374 sub. leg. C); (Added 62 of 1991 s. 2)
"proceedings" (法律程序) means proceedings before a magistrate under section 16(1) or (2); (Replaced 56 of 1981 s.
3)
"registered address" (登記地址) means the address of a registered owner which appears, in respect of any motor
vehicle registered in his name, in the register of motor vehicles maintained by the Commissioner under
regulation 4(1) of the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap 374 sub. leg. E);
(Amended 39 of 1984 s. 2)
"registered owner" (登記車主) means-
(a) the person in whose name a motor vehicle is registered in accordance with the Road Traffic Ordinance
Cap 237 - FIXED PENALTY (TRAFFIC CONTRAVENTIONS) ORDINANCE 2
(Cap 374); and (Amended 79 of 1979 s. 2)
(b) in relation to a motor vehicle to which a trade plate or permit issued under the Road Traffic
(Registration and Licensing of Vehicles) Regulations (Cap 374 sub. leg. E) is affixed, the person to
whom the relevant trade licence or permit is issued under those regulations; (Replaced 27 of 1973 s. 2)
"sum adjudged to be paid" (被判決須付的款項) means any sum ordered by a magistrate to be paid in any
proceedings and any costs awarded against the defendant under section 22;
"traffic warden" (交通督導員) means a traffic warden and a senior traffic warden; (Added 50 of 1974 s. 2)
"zebra crossing" (斑馬綫) and "zebra controlled area" (斑馬綫控制區) have the meanings assigned to them by the
Road Traffic (Traffic Control) Regulations (Cap 374 sub. leg. G). (Added 4 of 1975 s. 2. Amended 39 of 1984
s. 2)
Section: 3 Application to the Crown 30/06/1997
(1) This Ordinance shall apply to motor vehicles owned by the Crown and to persons in the public service of
the Crown.
(2) Where a contravention is committed in respect of a motor vehicle owned by the Crown the person liable for
the fixed penalty shall be the driver of the motor vehicle at the time the contravention is committed.
Section: 3A Application of Ordinance to private roads 30/06/1997
Sections 4, 5, and 6 shall apply to private roads as they apply to roads and, for that purpose-
(a) the other provisions of this Ordinance which relate, in any way, to those sections; and
(b) the provisions of any other Ordinance which relate, in any way, to those sections or to the provisions
referred to in paragraph (a),
shall apply accordingly.
(Added 80 of 1988 s. 14)
Section: 4 Obstruction on roads by motor vehicles 30/06/1997
No person shall cause or permit any motor vehicle to stand on a road in such a position or in such condition or in
such circumstances as to be likely to cause any unnecessary obstruction of such road or danger to other persons using
the road.
Section: 5 Stopping of motor vehicles at zebra crossings 30/06/1997
No person shall cause any motor vehicle or any part thereof to stop within the limits of a zebra crossing unless
either he is prevented from proceeding by circumstances beyond his control or it is necessary for him to stop in order
to avoid an accident.
(Amended 4 of 1975 s. 3)
Section: 6 No motor vehicle to stop in a zebra controlled area 30/06/1997
(1) Subject to subsections (2) and (3), the driver of a motor vehicle shall not cause the motor vehicle or any part
thereof to stop in a zebra controlled area.
(2) Nothing in subsection (1) shall prevent a motor vehicle from stopping in any length of road on any side
thereof-
(a) if the driver has stopped for the purpose of complying with regulation 31 or 32(1)(b) of the Road
Traffic (Traffic Control) Regulations (Cap 374 sub. leg. G); (Amended 39 of 1984 s. 3)
(b) (Repealed 59 of 1977 s. 3)
(c) for so long as may be necessary to enable the motor vehicle, if it cannot be used for such purpose
without stopping in that length of road, to be used-
(i) for fire service, ambulance or police purposes;
(ii) in connection with any building operation, demolition or excavation;
(iii) for the removal of any obstruction to traffic;
Cap 237 - FIXED PENALTY (TRAFFIC CONTRAVENTIONS) ORDINANCE 3
(iv) for the maintenance, improvement or reconstruction of that length of road; or
(v) for the laying, erection, alteration, repair or cleaning in or near to that length of road of any
traffic sign or sewer or of any main, pipe or apparatus for the supply of gas, water or electricity,
or of any tramway, telegraph or telephone wires, cables, posts or supports.
(3) Nothing in subsection (1) shall prevent a motor vehicle from stopping in a zebra controlled area-
(a) if the motor vehicle is stopped for the purpose of making a left or right turn;
(b) if, in the case of a public bus being used to provide services under the Public Bus Services Ordinance
(Cap 230), the public bus is waiting to enter a bus stop situated outside the zebra controlled area.
(Amended 59 of 1975 s. 37; 39 of 1984 s. 3)
(Replaced 4 of 1975 s. 4)
Section: 7 Parking at unauthorized places 30/06/1997
(1) No person shall park a motor vehicle on any road on which there is a system of street lighting furnished by
means of lamps not more than 200 m apart other than in a parking place:
Provided that if in any proceedings for a contravention of this subsection it is proved to the satisfaction of the
court or magistrate that there is a system of street lighting on a road, the system of street lighting shall be presumed to
be furnished by means of lamps not more than 200 m apart unless the contrary is proved.
(2) No person shall park a motor vehicle-
(a) on a pavement, pedestrian way, central reservation, verge, hard shoulder or traffic island; or
(b) so as to obstruct vehicular access to or from premises adjacent to the carriageway; or
(c) so as to obstruct access to a fire hydrant from the carriageway.
(Replaced 39 of 1984 s. 4)
Section: 8 Parking in parking places 30/06/1997
(1) No person shall park a motor vehicle in a parking place contrary to a traffic sign or road marking in
Schedule 1 to the Road Traffic (Parking) Regulations (Cap 374 sub. leg. C) erected or placed at such parking place.
(Replaced 39 of 1984 s. 5)
(2) Subject to subsection (3), no person shall park a motor vehicle in a parking place in such a manner that it
occupies more than one parking space or unnecessarily projects over any line delineating the parking space.
(Replaced 39 of 1984 s. 5)
(3) Where a motor vehicle occupies more than one parking space, or projects over a line delineating the parking
space in which it is parked into an adjoining parking space, it shall be a defence in proceedings in respect of a
contravention of subsection (2) to prove that the vehicle-
(a) is longer than one parking space; and
(b) was not so parked so as to occupy more parking spaces than is necessary having regard to the length of
the vehicle. (Amended 39 of 1984 s. 5)
(4) No person shall park a motor vehicle in any parking place the designation of which is suspended or
cancelled under regulation 5(3) of the Road Traffic (Parking) Regulations (Cap 374 sub. leg. C). (Replaced 39 of
1984 s. 5)
(5) No person shall park a motor vehicle in any parking space the designation of which is suspended under
regulation 6(2) of the Road Traffic (Parking) Regulations (Cap 374 sub. leg. C). (Added 39 of 1984 s. 5)
(6) No person shall park a motor vehicle in a temporary parking place contrary to any traffic sign lawfully
erected or placed in or near such temporary parking place. (Added 39 of 1984 s. 5)
(Replaced 59 of 1977 s. 5)
Section: 9 Parking at traffic signs and road markings 30/06/1997
Where any traffic sign or road marking in accordance with Figure No. 6, 7, 8, 9, 10, 11 or 12 of Schedule 1 to
the Road Traffic (Parking) Regulations (Cap 374 sub. leg. C) is erected in or placed on any part of a road, no person
shall park any motor vehicle on that part during such days or periods of time as are indicated in the sign, or if no such
days or periods are indicated, at any time.
(Replaced 39 of 1984 s. 6)
Cap 237 - FIXED PENALTY (TRAFFIC CONTRAVENTIONS) ORDINANCE 4
Section: 10 Parking at parking meters and pay and display parking
spaces
30/06/1997
(1) Any person who parks a motor vehicle in-
(a) a parking space in respect of which there is a parking meter shall, as soon as practicable after the motor
vehicle is driven in, if the parking meter is-
(i) a coin operated parking meter, insert or cause to be inserted in the parking meter a coin of a
denomination shown on the parking meter (hereinafter referred to as the "appropriate coin" (適
當硬幣) and shall comply with such other directions as are exhibited on the parking meter;
(ii) a card operated parking meter, use or cause to be used a parking card or, where applicable, an
approved card in accordance with the directions exhibited on the parking meter; and
(b) a pay and display parking space shall,-
(i) as soon as practicable after the motor vehicle is driven in, display or cause to be displayed on the
inside of the windscreen on the nearside, a display ticket so that the particulars showing the
payment made for obtaining the ticket, the time of expiry of the period and the parking place to
which the payment relates, and the date on which payment was made are clearly visible when
viewed from immediately in front of the motor vehicle; and
(ii) as long as the vehicle is parked in that space, continue to display in the manner described a
display ticket showing that payment has been made in respect of that space on the relevant date
and that the period for which payment has been made has not expired.
(2) The-
(a) insertion of the appropriate coin required by subsection (1)(a)(i) shall be payment for the use of the
parking space referred to in that subsection, in respect of the motor vehicle then in it, for the period
indicated on the parking meter as the period in respect of which payment is made, commencing from
the time the coin or coins are inserted;
(b) use of a parking card or, where applicable, an approved card as required by subsection (1)(a)(ii), shall
be payment for the use of the parking space referred to in that subsection, in respect of the motor
vehicle then in it, for the period indicated on the parking meter as the period in respect of which
payment is made, commencing from the time such card is so used; and
(c) display of the display ticket in accordance with subsection (1)(b) shall be payment for the use of the
parking space referred to in that subsection, in respect of the motor vehicle then in it-
(i) on the date indicated on the ticket as the date on which such payment was made; and
(ii) until the time indicated on the ticket as the time of expiry of the period to which the payment
relates.
(3) Nothing in this Ordinance shall entitle any person to park any motor vehicle in a parking space in respect of
which there is a parking meter or in a pay and display parking space whilst the designation of such parking space is
suspended by the Commissioner or the operator under regulation 5 of the Road Traffic (Parking) Regulations (Cap
374 sub. leg. C). (Amended 92 of 1993 s. 2)
(4) Where any motor vehicle is parked so that it occupies more than one parking space or projects in the
manner described in section 8(3), the person who parked such vehicle shall pay for the use of each of the parking
spaces occupied or partially occupied by it in such manner as may be appropriate having regard to whether there is a
coin operated parking meter or a card operated parking meter in respect of such parking space or spaces or whether it
is a pay and display parking space or they are pay and display parking spaces.
(5) Subsections (1), (2) and (4) do not apply to a holder of a disabled person's parking permit within the
meaning of the Road Traffic (Parking) Regulations (Cap 374 sub. leg. C) who displays the permit in accordance with
those Regulations. (Added 83 of 1992 s. 4)
(Replaced 62 of 1991 s. 3)
Section: 11 Parking without payment 30/06/1997
(1) No person shall park any motor vehicle in a parking space in respect of which there is a parking meter,
during the period prescribed in the plate affixed to the parking meter under regulation 11(2) of the Road Traffic
(Parking) Regulations (Cap 374 sub. leg. C), unless the parking meter is exhibiting a sign indicating that payment has
been made for the use of the parking space:
Cap 237 - FIXED PENALTY (TRAFFIC CONTRAVENTIONS) ORDINANCE 5
Provided that this subsection shall not apply to a motor vehicle while it is being driven into the parking space
and for such period thereafter as shall be necessary to enable the person in charge of the motor vehicle to comply with
section 10(1)(a). (Amended 39 of 1984 s. 8; 62 of 1991 s. 4)
(2) In any proceedings in respect of a contravention of subsection (1), it shall be a defence to prove that due to
a defect in the relevant parking meter-
(a) the sign referred to in subsection (1) was not exhibited, or was not exhibited for the appropriate period
of time, notwithstanding that an appropriate coin, a parking card or an approved card, as the case may
be, was inserted in the meter or used as directed on the meter; or
(b) it was not possible to insert a coin, or use a parking card or an approved card, as the case may be, in
the meter. (Replaced 62 of 1991 s. 4)
(3) Subsection (1) does not apply to a holder of a disabled person's parking permit within the meaning of the
Road Traffic (Parking) Regulations (Cap 374 sub. leg. C) who displays the permit in accordance with those
Regulations. (Added 83 of 1992 s. 5)
Section: 11A Defective pay and display machines 30/06/1997
(1) In any proceedings in respect of a contravention of section 10(1) (b), it shall be a defence to prove that due
to a defect in the relevant pay and display machine, it was not possible to obtain a display ticket.
(2) A person who, without reasonable cause or excuse, displays a display ticket which has been altered,
damaged or defaced shall not be treated as having complied with section 10(1)(b).
(Added 62 of 1991 s. 5)
Section: 12 Defences 30/06/1997
(1) Without prejudice to any other provision of this Ordinance, in proceedings for a contravention specified in
the first column of Schedule 1, it shall be a defence to prove that the contravention was committed in any of the
scheduled circumstances indicated opposite thereto in the second column of Schedule 1.
(2) For the purposes of subsection (1) and Schedule 1 "scheduled circumstances" (特定情況) means any of the
circumstances set out in paragraph 1 of Schedule 2.
(Replaced 59 of 1977 s. 9)
Section: 13 Fixed penalty 30/06/1997
There shall be a fixed penalty for a contravention of any of the provisions of section 4, 5, 6, 7, 8, 9, 10 or 11(1)
which shall be $200 or such larger amount as may be prescribed by the Legislative Council by resolution*.
(Amended L.N. 278 of 1979; L.N. 370 of 1982; L.N. 48 of 1989)
___________________________________________________________________
Note:
* $320 is prescribed by L.N. 109 of 1994 as a fixed penalty for a contravention of any of the provisions of
section 4, 5, 6, 7, 8, 9, 10 or 11(1) with effect from 1 June 1994 (see Cap 237 sub. leg. B).
Section: 14 Liability of registered owner 30/06/1997
(1) Subject to section 3(2), the person liable for the fixed penalty under section 13 shall be the registered owner
for the time being of the motor vehicle when the contravention is committed.
(2) In any proceedings for recovery of the fixed penalty it shall be no defence-
(a) that the contravention was committed without the knowledge or consent of the registered owner; or
(b) that at the time the contravention was committed the motor vehicle was driven by or was in charge of a
person other than the registered owner:
Provided that it shall be a good defence for the registered owner to prove that, at the time the contravention was
committed, the motor vehicle was taken and driven away without his consent by a person other than a driver employed
by him or was stolen.
Cap 237 - FIXED PENALTY (TRAFFIC CONTRAVENTIONS) ORDINANCE 6
Section: 15 Notice and payment of fixed penalty L.N. 362 of 1997 01/07/1997
(1) If a police officer has reasonable cause to believe that a contravention is being or has been committed, he
may give the registered owner of the vehicle concerned or, where section 3(2) applies, the driver liable an opportunity
to discharge his liability in respect of that contravention by payment of a fixed penalty. (Amended 59 of 1977 s. 10)
(2) For the purposes of subsection (1) notice in the prescribed form shall be delivered personally to the person
in charge of the vehicle or fixed on the vehicle: (Amended 56 of 1981 s. 4)
Provided that the operation of this section or section 16 shall not be affected by a failure to comply with this
subsection. (Added 56 of 1981 s. 4)
(3) If the fixed penalty is not paid within 21 days after the date of a contravention a notice shall be served on
the person liable-
(a) demanding payment of the fixed penalty; and
(b) informing the person that if he wishes to dispute liability for the contravention he should so notify the
Commissioner of Police:
Provided that no notice shall be served under this subsection-
(i) if the Commissioner of Police is of the opinion that no further proceedings should be taken in respect
of the contravention; or
(ii) after the expiry of 6 months from the date of the contravention. (Replaced 56 of 1981 s. 4)
(4) A notice under subsection (3) may be served by sending it by post-
(a) where it is directed to a registered owner, to his registered address; or
(b) where it is directed to a driver under section 3(2), to the address where the driver normally works.
(5) A notice under subsection (3) shall be in such form as may be prescribed and shall state that the person
liable is required-
(a) to pay the fixed penalty; or
(b) to notify the Commissioner of Police that he wishes to dispute liability for the contravention,
within 10 days after the date of the notice. (Replaced 56 of 1981 s. 4)
(5A) Subject to section 20B, no payment shall be accepted after the time prescribed in the notice served under
subsection (3). (Added 59 of 1977 s. 10)
(6) A certificate of posting in the prescribed form purporting to be signed by or for the Commissioner of Police
shall be admitted in evidence without further proof on its production to the magistrate by the complainant and, until
the contrary is proved, it shall be presumed that-
(a) the certificate is so signed; and
(b) the notice under subsection (3) to which the certificate relates was duly served. (Replaced 42 of 1971
s. 2. Amended 56 of 1981 s. 4)
(7) For the purposes of subsection (1) and the form of notice referred to in subsection (2) "police officer" (警務
人員) includes a member of the Hong Kong Auxiliary Police Force and a traffic warden. (Added 47 of 1973 s. 2.
Amended 50 of 1974 s. 3; L.N. 362 of 1997)
Section: 15A Withdrawal of notice of fixed penalty 30/06/1997
(1) Where a notice under section 15(3) has been served on any person, the Commissioner of Police may, at any
time before the commencement of any proceedings against that person in respect of the contravention specified in the
notice and whether or not an order under section 16(2) has been applied for, but before such order is made, withdraw
that notice, and may serve on that person a notice in writing informing him that the notice has been withdrawn.
(Amended 56 of 1981 s. 5)
(2) Where a notice under section 15(3) had been withdrawn under this section and any sum of money has been
paid pursuant to the notice, the Director of Accounting Services shall, on demand by the person on whom the notice
was served, repay to that person the sum so paid.
(Added 59 of 1977 s. 11)
Section: 16 Recovery of fixed penalty L.N. 362 of 1997 01/07/1997
(1) Where a person on whom a notice under section 15(3) has been served has notified the Commissioner of
Police, in accordance with that notice, that he wishes to dispute liability, the matter shall be determined by a
Cap 237 - FIXED PENALTY (TRAFFIC CONTRAVENTIONS) ORDINANCE 7
magistrate on complaint, in a summary way, in accordance with this Ordinance.
(2) Where a person on whom a notice under section 15(3) has been served has not paid the fixed penalty and
has not notified the Commissioner of Police, in accordance with that notice, that he wishes to dispute liability for the
contravention, a magistrate shall, on an application which may be made in the absence of that person, order him to pay
the fixed penalty, together with an additional penalty equal to the amount of the fixed penalty, within 14 days of being
served with notice of the order.
(3) Where an order is made under subsection (2) the magistrate shall cause notice of the order to be served on
the person to whom it relates.
(4) Notice of the order made under subsection (2) may be served by sending it by post-
(a) where it is directed to a registered owner, to his registered address; or
(b) where it is directed to a driver under section 3(2), to the address where the driver normally works.
(5) In proceedings under subsection (1) or (2), the complaint or application shall be in the name of the
Secretary for Justice but need not be signed. (Replaced 11 of 1984 s. 2. Amended L.N. 362 of 1997)
(6) The Secretary for Justice may appoint any person or class of persons to conduct the proceedings under
subsections (1) and (2). (Added 11 of 1984 s. 2. Amended L.N. 362 of 1997)
(Replaced 56 of 1981 s. 6)
Section: 16A Review of proceedings 30/06/1997
(1) Where a magistrate is satisfied that the notice mentioned in section 15(3) has not come to the personal
notice of the person liable without any neglect by that person, the magistrate may, on an application of which
reasonable notice has been given to the Commissioner of Police, rescind the order made under section 16(2) and-
(a) if that person wishes to dispute liability for the contravention, order that the matter be determined in
accordance with section 16(1); or
(b) if he does not wish to dispute liability-
(i) order him to pay the fixed penalty within 10 days of the order; and
(ii) order that, if he fails to pay that fixed penalty within that period, he shall be liable to pay
immediately that fixed penalty, together with an additional penalty equal to the amount of the
fixed penalty. (Replaced 11 of 1984 s. 2)
(2) An application under subsection (1) may be made in person or by counsel or solicitor and the magistrate,
for the purpose of securing the attendance of witnesses and generally for conducting the proceedings, shall have all the
powers of a magistrate hearing a complaint under the Magistrates Ordinance (Cap 227).
(3) An application under subsection (1) shall be made within 14 days of the date which the magistrate is
satisfied is the earliest date on which the order mentioned in section 16(2) came to the personal notice of the person to
whom that order relates. (Added 11 of 1984 s. 2)
(4) A magistrate may for good cause, on an application by the Commissioner of Police at any time, rescind any
order for the payment of a fixed penalty and any other order made in the same proceedings. (Added 11 of 1984 s. 2)
(5) Where a magistrate makes an order under subsection (1)(a), proceedings may be taken, notwithstanding
section 26 of the Magistrates Ordinance (Cap 227), within 6 months from the date of that order. (Added 11 of 1984 s.
2)
(Added 56 of 1981 s. 6)
Section: 17 Service of summons 30/06/1997
(1) A summons issued in any proceedings under section 16(1) may, notwithstanding section 8(2) of the
Magistrates Ordinance (Cap 227), be served by sending it by post- (Amended 56 of 1981 s. 7)
(a) where it is directed to a registered owner, to his registered address; or
(b) where it is directed to a driver under section 3(2), to the address where the driver normally works.
(2) A certificate of posting in the prescribed form purporting to be signed by or for the Commissioner of Police
shall be admitted in evidence without further proof on its production to the magistrate by the complainant and, until
the contrary is proved, it shall be presumed that-
(a) the certificate is so signed; and
(b) the summons under subsection (1) to which the certificate relates was duly served. (Replaced 42 of
1971 s. 3. Amended 59 of 1977 s. 12; 56 of 1981 s. 7)
Cap 237 - FIXED PENALTY (TRAFFIC CONTRAVENTIONS) ORDINANCE 8
Section: 18 Proceedings in the absence of the defendant 30/06/1997
(1) Where at the time and place appointed for the hearing or adjourned hearing of a complaint a person served
with a summons under section 17(1) does not appear before the magistrate, the magistrate may, subject to subsection
(2), proceed to the hearing of the complaint and adjudicate thereon as fully and effectually to all intents and purposes
as if such person had personally appeared before him in obedience to the summons.
(2) The magistrate shall not begin to hear the complaint in the absence of the defendant unless-
(a) service is proved under section 17(2); or
(b) the defendant has appeared on a previous occasion to answer to the complaint.
(3) Notwithstanding section 17(2), for the purposes of subsection (2) a summons shall be deemed not to have
been served unless service was effected within what is deemed by a magistrate to be a reasonable time before the time
appointed in the summons for appearing thereto.
(Replaced 59 of 1977 s. 13)
Section: 19 Proof in proceedings under section 16 or 18 30/06/1997
Notwithstanding any provisions of the Magistrates Ordinance (Cap 227), in any application under section 16(2)
or in any proceedings under section 18 in the absence of the defendant, an order under section 16(2) shall be made
upon, or the substance of the complaint may be proved by, the production by the applicant or complainant to the
magistrate of-
(a) a copy of the notice served under section 15(3) together with a certificate of posting under subsection
(6) of that section; and
(b) a certificate under section 21(1).
(Replaced 56 of 1981 s. 8)
Section: 20 Hearing of complaint 30/06/1997
(1) A defendant shall, if he is present at a hearing and does not admit the truth of a complaint, be forthwith
required to state the nature of his defence and if he does not at that stage expressly put in issue any allegation of fact
contained in a certificate produced under section 21 (1) he shall not thereafter be permitted to dispute or adduce
evidence to contradict any such fact contained in the certificate. (Amended 42 of 1971 s. 5)
(2) If a defendant has put in issue any allegation of fact in accordance with subsection (1), a magistrate may
proceed to the hearing of the complaint and adjudicate thereon or may adjourn the proceedings and may issue a
summons for the appearance of any witness.
(3) Where a person served with a summons in proceedings under section 16(1) does not appear before the
magistrate or, having appeared, offers no defence or a defence which is frivolous or vexatious, the magistrate shall
order that person to pay the fixed penalty together with an additional penalty equal to the amount of the fixed penalty.
(Added 56 of 1981 s. 9)
(4) Where an order is made in proceedings under section 18, the magistrate shall cause notice of the order to be
served on the defendant. (Added 56 of 1981 s. 9)
(5) Notice of the order made in any proceedings under section 18 may be served by sending it by post-
(a) where it is directed to a registered owner, to his registered address; or
(b) where it is directed to a driver under section 3(2), to the address where the driver normally works.
(Added 56 of 1981 s. 9)
Section: 20A Discontinuance of complaint 30/06/1997
The complainant may, without the leave of the magistrate, discontinue a complaint against a defendant at any
stage of the proceedings on giving notice in writing to the defendant and to the magistrate concerned.
(Added 59 of 1977 s. 15)
Section: 20B Payment of fixed penalty after issue of summons L.N. 45 of 1998 01/03/1998
(1) Notwithstanding that proceedings have been instituted against a person who has notified the Commissioner
Cap 237 - FIXED PENALTY (TRAFFIC CONTRAVENTIONS) ORDINANCE 9
of Police in accordance with the notice served on him under section 15(3), that he wishes to dispute liability, the
defendant may pay the fixed penalty together with an additional penalty equal to the amount of the fixed penalty in
accordance with subsection (2), and, if at the same time the defendant also pays to the court the sum of $500 by way
of costs, the proceedings shall thereupon terminate. (Amended 56 of 1981 s. 10; 39 of 1984 s. 9; L.N. 102 of 1991;
L.N. 219 of 1995; L.N. 45 of 1998)
(2) Payment under subsection (1) shall be made to any magistrate's court not later than 2 clear working days
before the day specified in the summons for his appearance; and the summons shall be produced at the time of
payment. (Amended 59 of 1994 s. 9)
(2A) In subsection (2) the expression "clear working days" (整個工作天) excludes the day specified in the
summons for the appearance of the defendant and intervening public holidays. (Added 59 of 1994 s. 9)
(3) The Legislative Council may, by resolution, amend the sum specified in subsection (1). (Added 39 of 1984
s. 9)
(Added 59 of 1977 s. 15)
Section: 21 Evidence by certificate and presumptions 30/06/1997
(1) A certificate in the prescribed form stating-
(a) that the person specified in it was at any particular time the registered owner or the driver, as the case
may be, of a particular vehicle;
(b) that the address specified in it was at any particular time the registered address of such person or, in the
case of a driver, the address where he normally worked; and
(c) that payment of the fixed penalty in respect of the contravention specified in any particular notice
under section 15(3) was not made before the date specified in the certificate and, in the case of an
application under section 16(2), that the person specified in it had not, before the date specified in the
certificate, notified the Commissioner of Police that he wished to dispute liability for the
contravention,
and purporting to be signed by or for the Commissioner of Police shall be admitted in evidence without further proof
on its production to the magistrate by the complainant or applicant and-
(i) until the contrary is proved, it shall be presumed that the certificate is so signed;
(ii) the certificate shall be prima facie evidence of the facts stated therein. (Replaced 42 of 1971 s. 6.
Amended 56 of 1981 s. 11)
(2) In any proceedings in respect of a contravention of section 5 or 6 the crossing in question shall be presumed
at the relevant time to have been established and delineated in accordance with the provisions of the Road Traffic
(Traffic Control) Regulations (Cap 374 sub. leg. G) unless the contrary is proved. (Amended 39 of 1984 s. 10)
(2A) In any proceedings in respect of a contravention of section 9 any traffic sign or road marking, being a traffic
sign or road marking in accordance with a Figure in Schedule 1 to the Road Traffic (Parking) Regulations (Cap 374
sub. leg. C), erected or placed in any place shall be deemed to have been lawfully erected or placed until the contrary
is proved, and the fact that such a traffic sign or road marking differs slightly in size, colour or type from a traffic sign
or road marking prescribed in the said Schedule 1 shall not affect the validity of such traffic sign or road marking so
long as the general appearance of the traffic sign or road marking is not thereby materially impaired. (Added 59 of
1977 s. 16. Amended 39 of 1984 s. 10)
(3) In any proceedings in respect of a contravention of section 10 or 11 the parking meter in question shall be
presumed at the relevant time to have been of such design and construction as shall have been approved by the
Commissioner and to have been maintained to his satisfaction unless the contrary is proved.
Section: 22 Other orders at conclusion of proceedings L.N. 14 of 2006 10/03/2006
(1) If at the conclusion of any proceedings a complaint is dismissed, the magistrate may at the same time make
an order for the payment of costs by the complainant of not less than $80 or more than $1500. (Amended 39 of 1984
s. 11)
(2) If at the conclusion of any proceedings an order for payment of the fixed penalty either with or without an
additional penalty is made, the magistrate-
(a) may at the same time make an order for the payment of costs by the defendant of not less than $80 or
more than $1500; and
Cap 237 - FIXED PENALTY (TRAFFIC CONTRAVENTIONS) ORDINANCE 10
(b) shall at the same time make an order directing the Commissioner, for so long as the defendant fails to
pay the sum adjudged to be paid-
(i) to refuse to issue a driving licence to the defendant or to refuse to renew his driving licence; and
(ii) in respect of any motor vehicle of which the defendant is the registered owner to take no action
under regulation 17(3), (3A), (4) or (5) of the Road Traffic (Registration and Licensing of
Vehicles) Regulations (Cap 374 sub. leg.E) on receipt of any notice of transfer of ownership of
the motor vehicle and to refuse to license the motor vehicle under regulation 21(3), (5) or (6) of
the regulations. (Replaced 59 of 1977 s. 17. Amended 56 of 1981 s. 12; 39 of 1984 s. 11; 79 of
1991 s. 2; 25 of 2005 s. 33)
(3) An order under subsection (2)(b) shall specify-
(a) the name of the defendant;
(b) (Repealed 79 of 1991 s. 2)
(c) the sum adjudged to be paid. (Replaced 59 of 1977 s. 17)
(3A) Where an order under subsection (2)(b) is made, the magistrate shall cause notice of the order to be sent to
the Commissioner if the sum adjudged to be paid is not paid within 24 hours of the making of the order. (Added 59 of
1977 s. 17)
(4) An order under subsection (2)(b) shall cease to have effect if the defendant produces to the Commissioner a
receipt or other evidence to prove that the sum adjudged to be paid has been paid. (Replaced 56 of 1981 s. 12)
(4A) An order under subsection (2)(b)(ii) shall cease to have effect if the defendant sells or otherwise disposes
of the motor vehicle and the new owner of the motor vehicle is, at the time of delivery of notice of transfer of
ownership under regulation 17 of the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap 374 sub.
leg.E), in possession of a valid certificate in the prescribed form issued by the Commissioner to the effect that no
notice of a valid order under subsection (2)(b)(ii) appears in the records of the Commissioner in respect of the motor
vehicle. (Added 56 of 1981 s. 12. Amended 39 of 1984 s. 11)
(5) A certificate issued under subsection (4A) shall be valid for not more than 72 hours from the time of issue:
(Amended 79 of 1991 s. 2)
Provided that no day which is a general holiday shall be taken into account in computing any such period of 72
hours.
(6) The Legislative Council may, by resolution, amend any of the sums specified in subsection (1) or (2)(a).
(Added 39 of 1984 s. 11)
Section: 23 Distress in cases of default L.N. 362 of 1997 01/07/1997
(1) If a person who has been ordered to pay any sum adjudged to be paid fails within 1 month of the date of the
order to so pay, an application may be made in the absence of that person to a magistrate for an order directing that-
(a) the sum adjudged to be paid, or where the application for an order under this section is in respect of
more than one sum adjudged to be paid, the total of such sums; and
(b) any additional sum payable under subsection (2); and
(c) any subsequent costs in the proceedings including the costs of an application under this section, or
where an application for an order under this section is in respect of more than one sum adjudged to be
paid, the total of the subsequent costs in all the proceedings,
be levied on any goods and chattels of the person by distress and sale thereof.
(2) Where an application is made to a magistrate under subsection (1), the person to whom the application
relates shall, without any further proceedings, be ordered to pay an additional sum by way of costs of not less than $50
or more than an amount equal to the fixed penalty, which, for the purposes of section 22(2)(b), shall be treated as if it
were included in the sum adjudged to be paid.
(3) An application under subsection (1) shall be in the name of the Secretary for Justice, who may appoint any
person or class of person to make the application. (Amended L.N. 362 of 1997)
(Replaced 56 of 1981 s. 13)
Section: 24 Recovery of sums paid by registered owner 30/06/1997
When a registered owner has paid a fixed penalty, an additional penalty or costs such fixed penalty, additional
penalty or costs may be recovered summarily as a civil debt by the registered owner from the person who was driving
or in charge of the motor vehicle at the time the contravention was committed.
Cap 237 - FIXED PENALTY (TRAFFIC CONTRAVENTIONS) ORDINANCE 11
(Amended 56 of 1981 s. 14)
Section: 25 Power to make regulations L.N. 130 of 2007 01/07/2007
Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.
The Secretary for Transport and Housing may make regulations- (Amended 3 of 1994 s. 2; L.N. 106 of 2002;
L.N. 130 of 2007)
(a) prescribing anything which under this Ordinance is to be or may be prescribed;
(b) specifying the persons to whom and the places at which a fixed penalty or an additional penalty may
be paid;
(c) specifying the manner of payment of a fixed penalty or an additional penalty and the receipt therefor;
(d) specifying the duties of a person to whom a fixed penalty or an additional penalty is payable and the
information to be supplied to him;
(e) specifying the procedure for the application for and issue of a certificate under section 22(4A); and
(f) generally for the better carrying out of the provisions of this Ordinance.
(Amended 56 of 1981 s. 15)
Schedule: 1 Recognized Defences E.R. 2 of 2012 02/08/2012
[section 12(1)]
Contravention
Scheduled circumstances which may
constitute a defence
section 4 B, C, E, G
5 G
6 E, G
7 A, B, C, D, E, G
8 (1) A, B, C, E, G
8 (2) A, B, C, E, G
8 (4) A, B, C, E, G
8 (5) A, B, C, D, E, G
8 (6) A, B, C, D, E, G
9 A, B, C, D, E, G
10 (1) & (4) A, B, C, E, G
11(1) A, B, C, E
(Schedule 1 added 59 of 1977 s. 19. Amended 39 of 1984 s. 12; 62 of 1991 s. 6)
(Format changes—E.R. 2 of 2012)
Schedule: 2 Scheduled Circumstances E.R. 2 of 2012 02/08/2012
[section 12(2)]
1. For the purposes of section 12 and Schedule 1, the circumstances which may constitute a defence in proceedings
for a contravention are as follows-
A. Where a vehicle is being used for operations in connection with any building or other construction,
demolition or excavation, if the vehicle cannot be conveniently used for such operations outside a period of
restriction and is parked-
(i) in a position as close as possible to the site of the operations; and
(ii) for a period no longer than is necessary.
B. Where a vehicle is being used for operations in connection with the removal of any obstruction to traffic, the
maintenance, improvement or reconstruction of any road or the laying, erection, alteration or repair in or
Cap 237 - FIXED PENALTY (TRAFFIC CONTRAVENTIONS) ORDINANCE 12
near to any road of any sewer or main, pipe or apparatus for the supply of gas, water or electricity, or of any
tramway, subway, tunnel, telegraph or telephone cables, posts or supports, if the vehicle cannot be
conveniently used for such operations outside a period of restriction and is parked-
(i) in a position as close as possible to the site of the operations; and
(ii) for a period no longer than is necessary.
C. Where a motor vehicle is being used on a restricted road for the purposes of the police, fire services or
ambulance services, or for the conveyance of public mail, or by the Chinese People’s Liberation Army
when any such vehicle is being used as a matter of urgent necessity, if compliance with the Ordinance
would be likely to hinder the use of the vehicle on that occasion for any of those purposes. (Amended 2 of
2012 s. 3)
D. Where a public bus, being a bus which is being used or is intended to be used to carry passengers at separate
and distinct fares within Hong Kong or on a recognized and predetermined route or for a recognized and
predetermined purpose in accordance with a right or licence granted by or under any enactment-
(i) (Repealed 39 of 1984 s. 13)
(ii) is parked temporarily at any place at or near a turning or terminal point provided for that purpose under
the Public Bus Services Ordinance (Cap 230); or
(iii) is, with the permission in writing of the Commissioner, parked at a terminus between the hours of 11
p.m. and 7 a.m.
E. Where anything is done with the express permission or by the direction of a police officer or traffic warden
in uniform.
F. (Repealed 39 of 1984 s. 13)
G. Where a motor vehicle is prevented from proceeding by-
(i) mechanical breakdown; or
(ii) other circumstances beyond the driver's control, and all reasonable steps are taken to minimise any
obstruction and effect the removal of the vehicle as soon as possible.
2. In paragraph 1, unless the context otherwise requires-
period of restriction (限制期間) in respect of any road means any period during which the parking of vehicles is
prohibited or restricted in accordance with a sign erected under the Road Traffic (Parking) Regulations (Cap 374
sub. leg. C);
restricted road (限制車輛使用的道路) means a road referred to in section 7(1).
(Schedule 2 added 59 of 1977 s. 19. Amended 39 of 1984 s. 13; E.R. 2 of 2012)
(Format changes—E.R. 2 of 2012)
