Cap. 229 《交通意外傷亡者(援助基金)條例》Traffic Accident Victims (Assistance Fund) Ordinance

In this Ordinance, unless the context otherwise requires—

It is declared that with effect from 1 March 1988—

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.

There is hereby established a fund for assisting traffic accident victims and their dependants.

There shall be credited to the fund—

The fund shall be administered by the Director.

An annual levy at the rate specified in Part 1 of the Schedule shall be payable in respect of—

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)

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.

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.

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.

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)

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)

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)

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)

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.

Where—

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)

A levy at the rate specified in Part 2 of the Schedule shall be payable by—

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)

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)

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

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)

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)

Where a person who is liable to pay—

fails to pay such levy, the Commissioner shall—

as the case may be.

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)

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—

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.

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.

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

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.

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)

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.

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.

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)

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.

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.

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

The Financial Secretary may direct that an annual administration fee to be determined by him shall be charged to the income of the fund and paid into the general revenue of Hong Kong.