Tsing Sha Control Area Ordinance


Published: 2008-03-21

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Cap 594 - TSING SHA CONTROL AREA ORDINANCE 1

Chapter: 594 TSING SHA CONTROL AREA ORDINANCE Gazette Number Version Date

Long title L.N. 27 of 2008 21/03/2008


An Ordinance to provide for—
(a) the determination of the boundaries of the Tsing Sha Control Area;
(b) the management, operation and maintenance of the Control Area (including the regulation of vehicular

and pedestrian traffic in the Control Area and the charging of tolls for the use of the toll area in the
Control Area and other fees or charges);

(c) the imposition of financial penalties on operators of the Control Area; and
(d) other ancillary and related matters (including a related amendment to the Road Traffic (Public Service

Vehicles) Regulations).


[21 March 2008] L.N. 27 of 2008


(Originally 16 of 2007)

Part: 1 PRELIMINARY L.N. 27 of 2008 21/03/2008




Section: 1 Short title 22/03/2008


(1) This Ordinance may be cited as the Tsing Sha Control Area Ordinance.
(2) (Omitted as spent)


Section: 2 Interpretation L.N. 27 of 2008 21/03/2008


(1) In this Ordinance, unless the context otherwise requires—
“authorized officer” (獲授權人員) means a person appointed by the Commissioner under section 9;
“Commissioner” means the Commissioner for Transport;
“Control Area” (管制區) means the area delineated as “Tsing Sha Control Area” on a plan deposited under

section 7, and includes—
(a) in the case of any road, viaduct, bridge or tunnel wholly located in that area, the entirety of that road,

viaduct, bridge or tunnel; and
(b) in the case of any road, viaduct, bridge or tunnel partially located in that area, the part located in that

area;
“court” (法院) includes a magistrate;
“dangerous goods” (危險品) has the meaning assigned to it by section 2 of the Dangerous Goods Ordinance (Cap

295);
“Director” means the Director of Highways;
“driver” (駕駛人), in relation to a vehicle, means any person who is in charge of or assisting in the control of the

vehicle;
“driving licence” (駕駛執照) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap 374);
“function” (職能) includes a power and a duty;
“gross vehicle weight” (車輛總重) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap

374);
“installation” (裝置) includes—

(a) any pipe, conduit, cable or mobile phone transmission system;
(b) any traffic sign, light signal, road marking or lantern;
(c) any emergency telephone, public address system, image capturing device, image recording device or

vehicle detection device;



Cap 594 - TSING SHA CONTROL AREA ORDINANCE 2

“light signal” (交通燈) has the meaning assigned to it by regulation 2(1) of the Road Traffic (Traffic Control)
Regulations (Cap 374 sub. leg. G);

“management agreement” (管理協議) means an agreement entered into by any person with the Government for
the management, operation or maintenance of the Control Area;

“motor vehicle” (汽車) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap 374);
“operator” (營運者) means a person who has entered into a management agreement with the Government;
“owner” (車主)—

(a) in relation to a motor vehicle, means—
(i) the registered owner of the vehicle; or
(ii) if the vehicle is the subject of a hiring agreement or hire purchase agreement, the person in

possession of the vehicle under the agreement; or
(b) in relation to a vehicle other than a motor vehicle, means the person who keeps and uses the vehicle;

“place” (放置), in relation to a road marking, includes paint, mark or affix;
“register” (登記冊) means the register of vehicles maintained by the Commissioner under regulation 4(1) of the

Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap 374 sub. leg. E);
“registered owner” (登記車主), in relation to a vehicle, means the person registered as the owner of the vehicle

under the Road Traffic Ordinance (Cap 374);
“road” (道路) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap 374), and includes

the road surface and adjacent pedestrian access (if any) of any viaduct, bridge (whether comprising one or more
levels or decks) or tunnel;

“road marking” (道路標記) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap 374);
“road works” (道路工程) has the meaning assigned to it by regulation 2(1) of the Road Traffic (Traffic Control)

Regulations (Cap 374 sub. leg. G);
“Secretary” (局長) means the Secretary for Transport and Housing;
“toll” (使用費) means a toll prescribed by regulations made under section 26 for the use of the toll area;
“toll area” (收費區) means the part of the Control Area delineated as such on a plan deposited under section 7;
“toll booth” (收費亭) means any structure erected in the Control Area for the purpose of collecting tolls;
“traffic sign” (交通標誌) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap 374);
“tunnel” (隧道) means any part of the Control Area delineated as such on a plan deposited under section 7;
“tunnel area” (隧道範圍) means any part of the Control Area delineated as such on a plan deposited under section

7;
“vehicle” (車輛) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap 374).

(2) In this Ordinance, a reference to the performance of a function includes the exercise of a power and the
performance or discharge of a duty.

(3) For the avoidance of doubt, if more than one plan has been deposited under section 7—
(a) a reference to “Control Area” in this Ordinance shall be construed as a reference to the area

delineated as “Tsing Sha Control Area” on the plan last so deposited;
(b) a reference to “toll area” in this Ordinance shall be construed as a reference to the part of the

Control Area delineated as “toll area” on the plan last so deposited; and
(c) a reference to “tunnel” or “tunnel area” in this Ordinance shall be construed as a reference to any

part of the Control Area delineated as “tunnel” or “tunnel area” respectively on the plan last so
deposited.


Section: 3 Application L.N. 27 of 2008 21/03/2008


(1) Except where otherwise expressly provided, this Ordinance applies to vehicles and persons in the service of
the Government.

(2) A vehicle, person or thing that is partly in the Control Area is regarded as being wholly in the Control Area,
but this subsection does not apply if the vehicle, person or thing is also partly in the Tsing Ma Control Area within the



Cap 594 - TSING SHA CONTROL AREA ORDINANCE 3

meaning of the Tsing Ma Control Area Ordinance (Cap 498).

Section: 4 Application of other Ordinances, etc. L.N. 27 of 2008 21/03/2008


(1) Unless expressly excluded or modified by this Ordinance, the Road Traffic Ordinance (Cap 374) and the
Road Traffic (Driving-offence Points) Ordinance (Cap 375) apply to and operate in relation to the Control Area as if
the Control Area were a road.

(2) For the purposes of any law, the Control Area (except those parts to which access to the public is restricted
by the Commissioner, the Director or an operator) is a public place.

Part: 2 BOUNDARIES AND PLANS L.N. 27 of 2008 21/03/2008




Section: 5 Determination of boundaries L.N. 27 of 2008 21/03/2008


(1) The Commissioner shall determine the boundaries of—
(a) the Control Area;
(b) the toll area;
(c) the tunnels; and
(d) the tunnel areas.

(2) The Commissioner may from time to time vary the boundaries of the Control Area, toll area, tunnels or
tunnel areas.

Section: 6 Preparation of plans L.N. 27 of 2008 21/03/2008


(1) The Director of Lands shall prepare a plan delineating the boundaries of the Control Area, toll area, tunnels
and tunnel areas as determined under section 5(1).

(2) If any boundary is varied under section 5(2), the Director of Lands shall prepare a plan delineating the
boundaries of the Control Area, toll area, tunnels and tunnel areas as varied, and that plan supersedes the original plan,
or any previous variation of it.

Section: 7 Certification and deposit of plans L.N. 27 of 2008 21/03/2008


(1) The Commissioner shall—
(a) assign a number to the plan prepared under section 6(1);
(b) sign and date the plan;
(c) certify the plan as being a plan delineating the boundaries of the Control Area, toll area, tunnels and

tunnel areas; and
(d) deposit the plan in the Land Registry.

(2) If a plan is prepared under section 6(2), the Commissioner shall—
(a) assign a number to the plan;
(b) sign and date the plan;
(c) certify the plan as being a plan delineating the boundaries of the Control Area, toll area, tunnels and

tunnel areas as varied; and
(d) deposit the plan in the Land Registry.

(3) The Commissioner shall, as soon as practicable after he deposits a plan under subsection (1) or (2), publish
a notice in the Gazette that the plan has been so deposited.

Section: 8 Proof of plans L.N. 27 of 2008 21/03/2008


In any proceedings before any court—
(a) a document purporting to be a copy of a plan delineating the boundaries of the Control Area, toll area,

tunnels and tunnel areas and certified by the Commissioner is admissible as evidence of those
boundaries on the date of certification; and



Cap 594 - TSING SHA CONTROL AREA ORDINANCE 4

(b) if a document referred to in paragraph (a) is produced, it is not necessary to prove the signature of the
Commissioner or that the person who certified it was the Commissioner on the date of certification.


Part: 3 ENFORCEMENT L.N. 27 of 2008 21/03/2008




Section: 9 Commissioner may appoint authorized officers L.N. 27 of 2008 21/03/2008


Appointment of authorized officers


The Commissioner may appoint in writing any public officer or any person employed by an operator as an
authorized officer.

Section: 10 Uniform and identification of authorized officers L.N. 27 of 2008 21/03/2008


An authorized officer on duty shall—
(a) wear a uniform of such a design as may be approved by the Commissioner of Police;
(b) carry such proof of identity as may be approved by the Commissioner;
(c) carry such proof of his appointment as an authorized officer as may be approved by the Commissioner;

and
(d) promptly produce his proof of identity and proof of his appointment to any person who on reasonable

grounds requests him to do so.

Section: 11 Directions of authorized officers to be complied with L.N. 27 of 2008 21/03/2008


(1) A person in the Control Area shall comply with any order, direction, requirement or instruction which—
(a) is given or made by an authorized officer in the Control Area in the course of the performance of his

functions under this Ordinance; and
(b) relates to the management, operation or maintenance of the Control Area or control, restriction and

safety of traffic in the Control Area.
(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 2

and to imprisonment for 6 months.

Section: 12 Obstruction of authorized officers L.N. 27 of 2008 21/03/2008


A person who obstructs an authorized officer in the performance of his functions under this Ordinance commits
an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months.

Section: 13 Powers of authorized officers L.N. 27 of 2008 21/03/2008


Powers of authorized officers and related matters

(1) An authorized officer may, in the Control Area—

(a) for the purpose of collecting any toll, fee or charge or requiring payment of such toll, fee or charge if
the driver of a vehicle has failed to pay such toll, fee or charge in full;

(b) for the purpose of preventing or detecting, in the Control Area, the commission of an offence under
this Ordinance, the Road Traffic Ordinance (Cap 374) or the Road Traffic (Driving-offence Points)
Ordinance (Cap 375); or

(c) if he reasonably suspects that the driver of a vehicle—
(i) has, in the Control Area, committed an offence under this Ordinance, the Road Traffic Ordinance

(Cap 374) or the Road Traffic (Driving-offence Points) Ordinance (Cap 375); or
(ii) has been involved in an accident in the Control Area,

exercise such of the powers specified in subsection (2) as may be appropriate for that purpose or those circumstances.
(2) For the purposes of subsection (1), an authorized officer may—



Cap 594 - TSING SHA CONTROL AREA ORDINANCE 5

(a) direct the driver of a vehicle—
(i) to stop the vehicle; or
(ii) to proceed to such place in the Control Area as the officer may direct and to stop there;

(b) require any person to give his name and address and to produce any document in his possession which
is or contains proof of that information;

(c) require the driver of a vehicle—
(i) to produce his driving licence for examination; or
(ii) to give the name and address of the registered owner of the vehicle if that information is within

his knowledge;
(d) enter, examine and search a vehicle and any thing on the vehicle if he reasonably suspects that the

vehicle is carrying dangerous goods in contravention of this Ordinance; and
(e) detain, if necessary by the use of reasonable force, a driver or a vehicle, or both, until the driver or the

vehicle, or both, can be delivered into the custody of a police officer.
(3) For the purpose of regulating vehicular or pedestrian traffic, an authorized officer may, in the Control Area,

direct the driver of a vehicle—
(a) to stop the vehicle; or
(b) to proceed to such place in the Control Area as the officer may direct and to stop there.

(4) If an authorized officer reasonably suspects that, by reason of the length, width, height or gross vehicle
weight of a vehicle, a permit is required under this Ordinance for driving the vehicle in the Control Area, he may, in
the Control Area—

(a) direct the driver of the vehicle—
(i) to stop the vehicle; or
(ii) to proceed to such place in the Control Area as the officer may direct and to stop there; and

(b) measure the length, width, height or gross vehicle weight of the vehicle.
(5) A person who fails to comply with a direction given under subsection (2)(a), (3) or (4)(a), or a requirement

made under subsection (2)(b) or (c), commits an offence and is liable on conviction to a fine at level 2 and to
imprisonment for 6 months.

Section: 14 Obligation to give information L.N. 27 of 2008 21/03/2008


(1) In this section, “specified offence” (指明罪行) means an offence under this Ordinance, the Road Traffic
Ordinance (Cap 374) or the Road Traffic (Driving-offence Points) Ordinance (Cap 375).

(2) If an authorized officer suspects that the driver of a vehicle has committed a specified offence in the Control
Area, the officer may, within 6 months after the date of the alleged offence—

(a) require the person suspected of being the driver of the vehicle at the time of the alleged offence to give
his name, address and driving licence number; and

(b) require any other person, including the registered owner of the vehicle, to give the following
particulars—
(i) the name, address and driving licence number of the person who was the driver of the vehicle at

the time of the alleged offence; and
(ii) his relationship (if any) to the driver.

(3) A requirement made of a person under subsection (2) may be made orally or by means of a notice served
personally or by post on him.

(4) If an authorized officer makes an oral requirement under subsection (2) of a person—
(a) if that person was the driver of the vehicle at the time of the alleged offence, he shall give his name,

address and driving licence number to the authorized officer; or
(b) if that person was not the driver of the vehicle at the time of the alleged offence, he shall give the

information required under subsection (2) either orally or in writing within 21 days after the date of the
requirement to an authorized officer specified by the authorized officer who made the requirement.

(5) If a requirement under subsection (2) is made of a person by means of a notice, he shall—
(a) make a written statement, in such form as may be specified in the notice, giving the name, address and

driving licence number of the person who was the driver of the vehicle at the time of the alleged
offence and his relationship (if any) to the driver;



Cap 594 - TSING SHA CONTROL AREA ORDINANCE 6

(b) sign the statement; and
(c) provide, within 21 days of the service of the notice on him, the statement to an authorized officer

specified in the notice.
(6) Subject to subsection (7), a person who fails to comply with a requirement made of him under subsection

(2) in accordance with subsection (4) or (5) commits an offence and is liable on conviction to a fine at level 2 and to
imprisonment for 6 months.

(7) In any proceedings for an offence under subsection (6), it is a defence for the person charged to prove that
he did not know, and could not with reasonable diligence have ascertained, the name, address or driving licence
number, as may be applicable, of the person who was the driver of the vehicle at the time of the alleged offence.

Section: 15 Proof of identity of driver L.N. 27 of 2008 21/03/2008


If, in any proceedings for an offence under this Ordinance, there is produced to the court a statement which—
(a) purports to have been signed by the person charged;
(b) was provided in accordance with section 14(5); and
(c) states that the person charged was the driver of the relevant vehicle at the time of the offence,

the court shall admit the statement as prima facie evidence that the person charged was the driver of the vehicle at the
time of the offence.

Section: 16 Additional powers of authorized officers relating to

hawker and littering offences
L.N. 27 of 2008 21/03/2008



(1) In this section—
“hawker offence” (小販罪行) has the meaning assigned to it by section 83 of the Public Health and Municipal

Services Ordinance (Cap 132);
“littering offence” (拋垃圾罪行) means an offence under section 4(1), 9 or 9A of the Public Cleansing and

Prevention of Nuisances Regulation (Cap 132 sub. leg. BK).
(2) If an authorized officer reasonably suspects that a person in the Control Area has committed a hawker

offence or a littering offence in the Control Area, he may—
(a) require the person to give his name and address and to produce any document in his possession which

is or contains proof of that information; and
(b) detain, if necessary by the use of reasonable force, that person until the person can be delivered into

the custody of an officer of the Food and Environmental Hygiene Department authorized in that behalf
or a police officer.

(3) A person who fails to comply with a requirement made under subsection (2)(a) commits an offence and is
liable on conviction to a fine at level 2 and to imprisonment for 6 months.

Section: 17 Making false statements and omitting material particulars L.N. 27 of 2008 21/03/2008


(1) A person who makes a false statement in giving any information or particulars required under section 13,
14 or 16 commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months.

(2) In any proceedings for an offence under subsection (1), it is a defence for the person charged to prove that
he did not know and had no reason to believe the statement to be false.

(3) A person who omits any material particular in giving any information or particulars required under section
13, 14 or 16 commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months.

(4) In any proceedings for an offence under subsection (3), it is a defence for the person charged to prove that
he did not know, and could not with reasonable diligence have ascertained, the material particular required.

Section: 18 Certificates of image capturing, image recording and

image printing devices
L.N. 27 of 2008 21/03/2008



Image capturing, image recording and image printing devices
and photographic process





Cap 594 - TSING SHA CONTROL AREA ORDINANCE 7

(1) A document in such form as may be specified by the Commissioner purporting—
(a) to be a record of the testing of the functioning, inspection or servicing of an image capturing or image

recording device, with or without any associated image printing device, used for the purpose of
capturing or recording and, where appropriate, reproducing the images of any vehicle which passes
through a toll booth without the payment of a toll, or which exceeds a speed limit, specified in the
document; and

(b) to be certified as to such testing, inspection or servicing by a person authorized in that behalf by the
Commissioner,

shall be admitted as evidence in any proceedings before any court on its production without further proof.
(2) On the production of a document before a court under subsection (1)—

(a) the court shall, in the absence of evidence to the contrary, presume—
(i) that the document was signed at the time and place specified in it by a person authorized by the

Commissioner;
(ii) that the facts stated in the document relating to the testing of the functioning, inspection or

servicing of the device specified in the document are true; and
(iii) that the record of the facts stated in the document was made and compiled at the time stated in it;

(b) the document is evidence of all matters contained in it; and
(c) the image and print, if any, produced by using the device is evidence of all matters contained in the

image and print.
(3) If any document is admitted as evidence under subsection (1), the court may, if it thinks fit, on its own

motion or on the application of any party to the proceedings, summon the person who signed the document and
examine him as to the subject matter of the document.

Section: 19 Certificates as to photographic process L.N. 27 of 2008 21/03/2008


(1) A document in such form as may be specified by the Commissioner purporting to be signed by a person
appointed under subsection (3) and purporting to be a certificate as to the processing of exposed film received and
processed by him shall, together with the photographic prints or photographic enlargements referred to in the
document, be admitted as evidence in any proceedings before any court on its production without further proof.

(2) On the production of a document before a court under subsection (1)—
(a) the court shall, in the absence of evidence to the contrary, presume—

(i) that the signature to the document is genuine; and
(ii) that the person signing the document was appointed under subsection (3) at the time when he

signed it; and
(b) the document is evidence of all matters contained in it.

(3) The Commissioner may appoint in writing such persons as he thinks fit to carry out the processing of
exposed film and to sign certificates referred to in subsection (1) in relation to such processing.

(4) If any document is admitted as evidence under subsection (1), the court may, if it thinks fit, on its own
motion or on the application of any party to the proceedings, summon the person who signed the document and
examine him as to the subject matter of the document.

Part: 4 MANAGEMENT L.N. 27 of 2008 21/03/2008




Section: 20 Installations without approval L.N. 27 of 2008 21/03/2008


(1) A person shall not install, place, lay or erect any installation in, under or above any part of the Control Area


(a) in the case of an installation within the meaning of paragraph (a) of the definition of “installation” in
section 2(1), without the prior written approval of the Director of Lands; or

(b) in the case of an installation within the meaning of paragraph (b) or (c) of that definition, without the
prior written approval of the Commissioner.

(2) An approval given for the purposes of subsection (1)(a) or (b) shall be subject to the payment of such
charges and to such conditions, as the Director of Lands or the Commissioner, as the case may be, may impose.



Cap 594 - TSING SHA CONTROL AREA ORDINANCE 8

(3) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 2
and to imprisonment for 6 months.

Section: 21 Closure of road, etc. in Control Area L.N. 27 of 2008 21/03/2008


(1) In this section, “emergency works” (緊急工程) includes any repairs or works not capable of being
foreseen by the Secretary but the undertaking and completion of which is necessary for the safety of persons and
vehicles in the Control Area.

(2) Without prejudice to section 4 of the Roads (Works, Use and Compensation) Ordinance (Cap 370), the
Secretary may authorize the closure of a road or any part of a road in the Control Area for such period as he considers
necessary in the case of any emergency works exceeding, or likely to exceed, a period of 14 days.

(3) The Government does not incur any liability in respect of any closure authorized under subsection (2) and
no person has any right against the Government or any other person to restrain such closure.

Section: 22 Vehicles, etc. causing obstruction L.N. 27 of 2008 21/03/2008


(1) If any vehicle or thing—
(a) is causing an obstruction to traffic in the Control Area;
(b) is otherwise likely to render the use of the Control Area unsafe; or
(c) is parked or left in the Control Area in contravention of this Ordinance or the Road Traffic Ordinance

(Cap 374),
the Commissioner or an operator may, at the risk of its owner, take all reasonable steps to remove it to such place or
impound it at such place, including any road, as the Commissioner or the operator thinks fit and, if necessary in the
opinion of the Commissioner or the operator, may store the vehicle or thing safely.

(2) A motor vehicle removed or impounded under subsection (1) shall be returned to its registered owner on
payment, before it is sold or disposed of under subsection (5), to the Commissioner or the operator of—

(a) the removal charge or impounding charge, or both, as may be appropriate; and
(b) the storage charge (if applicable),

prescribed by regulations made under section 26.
(3) If a motor vehicle removed or impounded under subsection (1) is not claimed within 3 days, the

Commissioner or the operator shall serve on its registered owner a notice in writing which states that unless he—
(a) pays to the Commissioner or the operator the removal charge or impounding charge, or both, as may

be appropriate, and the storage charge (if applicable) prescribed by regulations made under section 26;
and

(b) claims the vehicle within 14 days of the service of the notice on him,
the vehicle may be sold or otherwise disposed of as the Commissioner thinks fit.

(4) A notice under subsection (3) shall be served by sending it to the registered owner at the address shown on
the register by registered post or recorded delivery.

(5) If a motor vehicle removed or impounded under subsection (1) is not claimed within 14 days of the service
of a notice under subsection (3), it may be sold or otherwise disposed of as the Commissioner thinks fit.

(6) If, within a period of 6 months of any sale or disposal of a motor vehicle under subsection (5), a person
satisfies the Commissioner that at the time of the sale or disposal, he was the registered owner of the motor vehicle,
the Commissioner shall pay to him the proceeds of sale or disposal, if any, less—

(a) the removal charge or impounding charge, or both, as may be appropriate, and the storage charge (if
applicable) prescribed by regulations made under section 26; and

(b) all expenses incurred for and incidental to the sale or disposal.
(7) A thing (including a vehicle other than a motor vehicle) removed or impounded under subsection (1) shall

be dealt with as follows—
(a) if the thing is perishable, noxious or otherwise offensive, it may be sold or otherwise disposed of as the

Commissioner or the operator thinks fit;
(b) subject to paragraph (a), the thing shall be retained by the Commissioner or the operator for a period of

3 months after the removal or impounding, and if at the end of that period it remains unclaimed, it may
be sold or otherwise disposed of as the Commissioner thinks fit; or

(c) the thing shall be returned to its owner if the owner proves his ownership to the satisfaction of the



Cap 594 - TSING SHA CONTROL AREA ORDINANCE 9

Commissioner or the operator before it is sold or disposed of under paragraph (a) or (b).
(8) If, within a period of 6 months of any sale or disposal of a thing (including a vehicle other than a motor

vehicle) under subsection (7)(a) or (b), the former owner or the person formerly entitled to the beneficial ownership of
the thing can prove his ownership to the satisfaction of the Commissioner, the Commissioner shall pay to him the
proceeds of sale or disposal, if any, less all expenses incurred for and incidental to the sale or disposal.

(9) A payment under subsection (6) or (8) to a person is subject to the person providing the Commissioner with
an indemnity in retention as the Commissioner may reasonably require.

(10) Unless subsection (6) or (8) applies, the proceeds of sale or disposal, if any, shall be paid into the general
revenue after the expiration of 6 months from the date of the relevant sale or disposal.

(11) Save as provided in this section, the Commissioner or an operator incurs no liability (other than liability for
gross negligence or wilful default) to any person in respect of a vehicle or thing removed or impounded and stored (if
applicable) under this section as bailees or otherwise.

Section: 23 Disposal of abandoned vehicles L.N. 27 of 2008 21/03/2008


(1) In this section, “vehicle” (車輛) includes any load carried by or on a vehicle.
(2) If a vehicle has remained stationary in the Control Area—

(a) in such a position;
(b) in such condition;
(c) for such time; or
(d) in such circumstances,

that there is reason to believe that the vehicle has been abandoned, an authorized officer may serve on its owner a
notice in writing requiring him to remove it.

(3) A notice under subsection (2) shall be addressed to the owner of the vehicle and shall be served—
(a) in the case of a registered owner, by sending it to him at the address shown on the register by

registered post or recorded delivery; or
(b) by affixing it to the vehicle.

(4) A notice under subsection (2) shall—
(a) require the owner of the vehicle to remove the vehicle from the Control Area—

(i) if the notice is sent by registered post or recorded delivery, within 7 days of its service on him; or
(ii) if the notice is affixed to the vehicle, within 7 days of the date on which it is so affixed; and

(b) state that—
(i) unless the vehicle is so removed by its owner, the vehicle will be removed to a place specified in

the notice or impounded at such place and, if necessary in the opinion of the Commissioner or an
operator, will be stored safely; and

(ii) unless he—
(A) claims the vehicle within 14 days from the date of the removal or the date of impounding

(whichever is the earlier if the vehicle is both removed and impounded); and
(B) in the case of a motor vehicle, pays to the Commissioner or an operator the removal charge

or impounding charge, or both, as may be appropriate, and the storage charge (if
applicable) prescribed by regulations made under section 26,

it may be sold or otherwise disposed of as the Commissioner thinks fit.
(5) If the vehicle is not removed as required by a notice under subsection (2), the Commissioner or an operator

may, at the risk of its owner, take all reasonable steps to remove it to the place specified in the notice or impound it at
such place and, if necessary in the opinion of the Commissioner or the operator, may store the vehicle safely.

(6) A motor vehicle removed or impounded under subsection (5) shall be returned to its registered owner on
payment, before it is sold or disposed of under subsection (8), to the Commissioner or the operator of—

(a) the removal charge or impounding charge, or both, as may be appropriate; and
(b) the storage charge (if applicable),

prescribed by regulations made under section 26.
(7) A vehicle other than a motor vehicle removed or impounded under subsection (5) shall be returned to its

owner if the owner proves his ownership to the satisfaction of the Commissioner or the operator before it is sold or
disposed of under subsection (8).

(8) If a vehicle removed or impounded under subsection (5) is not claimed within the period specified in the



Cap 594 - TSING SHA CONTROL AREA ORDINANCE 10

notice under subsection (4)(b)(ii)(A), it may be sold or otherwise disposed of as the Commissioner thinks fit.
(9) If, within a period of 6 months of any sale or disposal of a motor vehicle under subsection (8), a person

satisfies the Commissioner that at the time of the sale or disposal, he was the registered owner of the motor vehicle,
the Commissioner shall pay to him the proceeds of sale or disposal, if any, less—

(a) the removal charge or impounding charge, or both, as may be appropriate, and the storage charge (if
applicable) prescribed by regulations made under section 26; and

(b) all expenses incurred for and incidental to the sale or disposal.
(10) If, within a period of 6 months of any sale or disposal of a vehicle other than a motor vehicle under

subsection (8), the former owner or the person formerly entitled to the beneficial ownership of the vehicle can prove
his ownership to the satisfaction of the Commissioner, the Commissioner shall pay to him the proceeds of sale or
disposal, if any, less all expenses incurred for and incidental to the sale or disposal.

(11) A payment under subsection (9) or (10) to a person is subject to the person providing the Commissioner
with an indemnity in retention as the Commissioner may reasonably require.

(12) Unless subsection (9) or (10) applies, the proceeds of sale or disposal, if any, shall be paid into the general
revenue after the expiration of 6 months from the date of the relevant sale or disposal.

(13) Save as provided in this section, the Commissioner or an operator incurs no liability (other than liability for
gross negligence or wilful default) to any person in respect of a vehicle removed or impounded and stored (if
applicable) under this section as bailees or otherwise.

Part: 5 FINANCIAL PENALTIES L.N. 27 of 2008 21/03/2008




Section: 24 Financial penalties imposed on operator L.N. 27 of 2008 21/03/2008


(1) In this section, “relevant authority” (有關當局), in relation to a failure to comply with any requirement
of this Ordinance or a breach of a management agreement—

(a) where the failure or breach relates to the management or operation of the Control Area, means the
Commissioner; and

(b) where the failure or breach relates to the maintenance of the Control Area, means the Director.
(2) If an operator fails to comply with any requirement of this Ordinance or is in breach of a management

agreement, the relevant authority may—
(a) where the failure or breach is capable of being remedied—

(i) impose, with the approval of the Chief Executive in Council, a financial penalty on the operator
in respect of each such failure or breach; and

(ii) impose a further financial penalty on the operator in respect of each continuing failure or breach;
and

(b) where the failure or breach is not capable of being remedied, impose, with the approval of the Chief
Executive in Council, a financial penalty on the operator in respect of each such failure or breach.

(3) The relevant authority shall not impose a financial penalty under subsection (2) unless he—
(a) has notified the operator in writing of the relevant failure or breach; and
(b) if it is capable of being remedied, has afforded the operator a reasonable opportunity to comply with

the requirement or remedy the breach.
(4) If a financial penalty is imposed, the relevant authority shall serve on the operator a notice in writing

specifying the amount of the financial penalty and requiring the operator to pay it to the Government within 30 days
beginning on the date on which the notice is served.

(5) A financial penalty imposed under subsection (2)(a)(i) shall not exceed the amount specified in Division 1
of Part 1 of the Schedule.

(6) A further financial penalty imposed under subsection (2)(a)(ii) shall not exceed the amount specified in
Division 2 of Part 1 of the Schedule for each day the relevant failure or breach continues after the date on which the
notice of a financial penalty imposed under subsection (2)(a)(i) is served under subsection (4).

(7) A financial penalty imposed under subsection (2)(b) shall not exceed—
(a) on the first occasion on which a financial penalty is imposed on the operator, the amount specified in

Division 1 of Part 2 of the Schedule;
(b) on the second occasion on which a financial penalty is imposed on the operator, the amount specified



Cap 594 - TSING SHA CONTROL AREA ORDINANCE 11

in Division 2 of Part 2 of the Schedule; and
(c) on the third or a subsequent occasion on which a financial penalty is imposed on the operator, the

amount specified in Division 3 of Part 2 of the Schedule.
(8) For the purposes of subsection (7), in determining whether a particular failure or breach (“the relevant

failure or breach”) is the first, second, third or a subsequent occasion on which a financial penalty is being imposed,
only occasions, if any, on which a financial penalty has been imposed in respect of a failure or breach which is of the
same type as the relevant failure or breach shall be taken into account.

Section: 25 General provisions relating to financial penalties L.N. 27 of 2008 21/03/2008


(1) A financial penalty imposed under section 24 is recoverable as a civil debt due to the Government, and may
be recovered (in whole or in part) by the Government—

(a) deducting or offsetting any sum that may be payable to an operator under a management agreement or
otherwise; or

(b) enforcing any guarantee or letter of credit provided in accordance with a management agreement.
(2) The operator shall not, in calculating his costs for the purpose of determining any sum payable to him under

a management agreement on a cost-related basis, take into account any financial penalty paid or any legal costs
incurred by him in connection with the recovery of a financial penalty under subsection (1).

(3) In subsection (2), “cost-related basis” (與成本掛鈎的基準) means a basis whereby the actual costs
incurred by an operator are taken into account in determining any sum payable by the Government to the operator
under a management agreement.

(4) This section and section 24 do not affect the powers (including rights) of the Government under a
management agreement, including the right to terminate that management agreement and the right to recover
liquidated or unliquidated damages.

Part: 6 POWERS TO MAKE REGULATIONS AND AMEND

SCHEDULE
L.N. 27 of 2008 21/03/2008





Section: 26 Regulations L.N. 27 of 2008 21/03/2008


(1) The Chief Executive in Council may make regulations for all or any of the following purposes—
(a) prescribing, and providing for the payment of, tolls payable for the use of the toll area;
(b) prescribing, and providing for the payment of, additional charges (including surcharges) in respect of

any failure to pay a toll or any part of a toll;
(c) prescribing, and providing for the payment of, fees in respect of the escort of vehicles in the Control

Area;
(d) providing for entitlement to changes given for overpayment of tolls and prescribing, and providing for

the payment of, administration fees in respect of changes given for overpayment of tolls;
(e) prescribing, and providing for the payment of, fees in respect of the issue of permits for the use of the

Control Area by certain vehicles;
(f) providing for the payment of fees in respect of the processing of applications for permits referred to in

paragraph (e) and empowering the Commissioner to determine such fees;
(g) prescribing, and providing for the payment of, fees and charges in respect of the removal, impounding

and storage of vehicles under this Ordinance;
(h) providing for the waiving, exemption, reduction or refund of tolls, additional charges (including

surcharges), fees or charges prescribed by regulations made under this subsection.
(2) The Secretary may make regulations for all or any of the following purposes—

(a) providing for—
(i) the methods of toll collection, including methods other than by the collection of cash at toll

booths (such as the use of automatic toll collection facilities or tickets for the payment of tolls);
and

(ii) connected matters (including but not limited to offences relating to the use of automatic toll
collection facilities);



Cap 594 - TSING SHA CONTROL AREA ORDINANCE 12

(b) providing for the functions of an operator in the management, operation or maintenance of the Control
Area;

(c) providing for the classification, design, colour, erection, display, placing, operation, maintenance,
variation, suspension or removal of traffic signs, light signals and road markings in the Control Area;

(d) providing for—
(i) the removal, detention, sale or disposal of traffic signs, light signals and road markings erected,

displayed or placed in the Control Area without approval or permission;
(ii) the recovery of any expenses incurred for or incidental to such removal, detention, sale or

disposal; and
(iii) the payment of the proceeds, if any, of any such sale or disposal into the general revenue;

(e) providing for the regulation of vehicular and pedestrian traffic and passengers on vehicles in the
Control Area, whether by traffic signs, light signals, road markings or otherwise;

(f) regulating the manner of driving and the use of vehicles and the equipment and apparatus pertaining to
vehicles in the Control Area;

(g) regulating the manner in which passengers may be carried on vehicles in the Control Area;
(h) regulating the use of any road in the Control Area, including but not limited to prohibiting either

absolutely or during specified hours—
(i) the driving of any vehicle or any description of vehicles; or
(ii) the use of any vehicle or any description of vehicles in a particular manner;

(i) providing for the closure of roads in the Control Area;
(j) providing for temporary speed limits for any road in the Control Area for any vehicle or any

description of vehicles;
(k) providing for the towing of or drawing of vehicles by motor vehicles in the Control Area;
(l) regulating the manner of loading vehicles and securing of loads on vehicles in the Control Area;
(m) providing for the maximum weight to be transmitted to any road in the Control Area by any vehicle or

any description of vehicles or by any part or parts of such a vehicle or vehicles in contact with that
road;

(n) providing for the control or restriction of animals in the Control Area;
(o) providing for the escort of vehicles in the Control Area;
(p) providing for the exemption of persons, vehicles or any description of vehicles from any regulation;
(q) authorizing the Commissioner, the Director or the Commissioner of Police to exempt persons, vehicles

or any description of vehicles from any regulation, whether by approval, permit or otherwise;
(r) authorizing the Director to determine, and providing for the payment and collection of, fees and

charges in respect of the provision of traffic signs, light signals, road markings or lanterns for use in
the Control Area;

(s) regulating the manner in which road works and other works of repair may be carried out in the Control
Area;

(t) regulating the painting or affixing of any poster, placard or bill or other matter in the Control Area;
(u) prohibiting the tampering or interference with any installation, structure, building, facility, utility,

equipment, appliance, vehicle or other article in the Control Area;
(v) prohibiting the entry to or the presence of any person in any building or other facility in the Control

Area without approval or permission;
(w) providing for such other matters as may be necessary or expedient to give effect to the provisions of

this Ordinance.
(3) Any regulation made under this section may provide that a contravention of any provision of the regulation

constitutes an offence punishable by a fine not exceeding level 2 and imprisonment for a term not exceeding 6 months.
(4) Any regulation made under this section may—

(a) exclude or modify the application to or operation in relation to the Control Area of the Road Traffic
Ordinance (Cap 374), the Road Traffic (Driving-offence Points) Ordinance (Cap 375) or any other
Ordinance;

(b) make different provisions for different circumstances and provide for a particular case or class of
cases;

(c) be made so as to apply only in specified circumstances;
(d) prescribe fees for the purposes of the regulation; and



Cap 594 - TSING SHA CONTROL AREA ORDINANCE 13

(e) contain such incidental, supplementary, consequential, transitional or saving provision as may be
necessary or expedient in consequence of the regulation.


Section: 27 Amendment of Schedule L.N. 27 of 2008 21/03/2008


The Chief Executive in Council may by notice published in the Gazette amend the Schedule.

Part: 7 ADMINISTRATIVE AND SUPPLEMENTARY

PROVISIONS
L.N. 27 of 2008 21/03/2008





Section: 28 Secretary may give directions to operator L.N. 27 of 2008 21/03/2008


The Secretary may, if he considers the public interest so requires, give directions of a general character in
writing to an operator in relation to the performance of the functions under this Ordinance of the operator or
authorized officers employed by the operator, and the operator shall comply with those directions.

Section: 29 Limitation of liability L.N. 27 of 2008 21/03/2008


No liability (other than that imposed under a management agreement) is incurred by the Government or any
public officer in respect of the management, operation or maintenance of the Control Area by an operator.

Section: 30 Saving L.N. 27 of 2008 21/03/2008


(1) This Ordinance does not restrict, derogate from or otherwise interfere with—
(a) any function under any law of any person in the service of the Government; or
(b) the performance of any such function by any such person.

(2) This Ordinance does not affect any rights of ownership in any installation, structure, building, facility,
utility, equipment, appliance, vehicle or other article owned by, or vested in, the Government.

Part: 8 RELATED AMENDMENTS L.N. 27 of 2008 21/03/2008




Section: 31 (Omitted as spent) 22/03/2008




Schedule: SCHEDULE L.N. 27 of 2008 21/03/2008


[sections 24 & 27]


FINANCIAL PENALTIES


PART 1


FAILURE TO COMPLY OR BREACH CAPABLE OF BEING REMEDIED


Division 1—Failure to comply or breach
(amount specified for the purposes of section 24(5)

of this Ordinance)


$10000


Division 2—Continuing failure to comply or breach
(amount specified for the purposes of section 24(6)



Cap 594 - TSING SHA CONTROL AREA ORDINANCE 14

of this Ordinance)


$10000


PART 2


FAILURE TO COMPLY OR BREACH NOT CAPABLE OF BEING REMEDIED


Division 1—First occasion
(amount specified for the purposes of section 24(7)(a)

of this Ordinance)


$20000


Division 2—Second occasion
(amount specified for the purposes of section 24(7)(b)

of this Ordinance)


$50000


Division 3—Third or subsequent occasion
(amount specified for the purposes of section 24(7)(c)

of this Ordinance)


$100000

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