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
(Format changes—E.R. 2 of 2022)
This Ordinance may be cited as the Fixed Penalty (Traffic Contraventions) Ordinance.
In this Ordinance, unless the context otherwise requires—
approved payment means (認可繳費媒介) has the meaning given by regulation 2(1) of the Road Traffic (Parking) Regulations (Cap. 374 sub. leg. C); (Added 25 of 2020 s. 21) 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) demand notice (繳款通知書) means a notice issued under section 15AA(2) or (5); (Added 13 of 2024 s. 3) 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) and vehicle (車輛) have the respective meanings assigned to them by the Road Traffic Ordinance (Cap. 374) enacted in 1982; (Amended 39 of 1984 s. 2; 80 of 1988 s. 13) e-contact means (電子聯絡方式) has the meaning given by section 2 of the Road Traffic Ordinance (Cap. 374); (Added 13 of 2024 s. 3) fixed penalty (定額罰款) means the penalty prescribed by section 13; fixed penalty notice (定額罰款通知書) means a notice issued under section 15(2); (Added 13 of 2024 s. 3) information system (資訊系統) has the meaning given by section 2(1) of the Electronic Transactions Ordinance (Cap. 553); (Added 13 of 2024 s. 3) official vehicle (官方汽車) means a motor vehicle owned by— (a)the Government; or (b)any of the Offices set up by the Central People’s Government in the Hong Kong Special Administrative Region; (Added 13 of 2024 s. 3) 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. Amended E.R. 2 of 2022) parking fee (泊車費) has the meaning given by section 2 of the Road Traffic Ordinance (Cap. 374); (Added 25 of 2020 s. 21) parking meter (停車收費錶) has the meaning given by section 2 of the Road Traffic Ordinance (Cap. 374); (Added 25 of 2020 s. 21) parking place (泊車處) has the meaning given by regulation 2(1) of the Road Traffic (Parking) Regulations (Cap. 374 sub. leg. C); (Added 25 of 2020 s. 21) parking space (泊車位) has the meaning given by regulation 2(1) of the Road Traffic (Parking) Regulations (Cap. 374 sub. leg. C); (Added 25 of 2020 s. 21) 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. Amended E.R. 2 of 2022) 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; E.R. 2 of 2022) registered e-contact means (經登記電子聯絡方式), in relation to a person, means the e-contact means of the person provided to the Commissioner in accordance with regulations made under the Road Traffic Ordinance (Cap. 374); (Added 13 of 2024 s. 3) 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. 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. Amended E.R. 2 of 2022) 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; E.R. 2 of 2022)(Amended 25 of 2020 s. 21)
This Ordinance applies to an official vehicle as it applies to a motor vehicle that is not an official vehicle.
This Ordinance applies to a public servant as it applies to a person who is not a public servant.
In this section—
public servant (公務人員) means a person in the public service of— (a)the Government; or (b)any of the Offices set up by the Central People’s Government in the Hong Kong Special Administrative Region.(Replaced 13 of 2024 s. 4)
If a contravention is committed in respect of an official vehicle, the person liable for the fixed penalty is the driver of the vehicle at the time of the contravention.
(Added 13 of 2024 s. 5)
Sections 4, 5 and 6 shall apply to private roads as they apply to roads and, for that purpose—
the other provisions of this Ordinance which relate, in any way, to those sections; and
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)
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.
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)
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.
Nothing in subsection (1) shall prevent a motor vehicle from stopping in any length of road on any side thereof—
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; E.R. 2 of 2022)
(Repealed 59 of 1977 s. 3)
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—
for fire service, ambulance or police purposes;
in connection with any building operation, demolition or excavation;
for the removal of any obstruction to traffic;
for the maintenance, improvement or reconstruction of that length of road; or
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.
Nothing in subsection (1) shall prevent a motor vehicle from stopping in a zebra controlled area—
if the motor vehicle is stopped for the purpose of making a left or right turn;
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)
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.
No person shall park a motor vehicle—
on a pavement, pedestrian way, central reservation, verge, hard shoulder or traffic island; or
so as to obstruct vehicular access to or from premises adjacent to the carriageway; or
so as to obstruct access to a fire hydrant from the carriageway.
(Replaced 39 of 1984 s. 4)
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. Amended E.R. 2 of 2022)
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)
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—
is longer than one parking space; and
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)
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. Amended E.R. 2 of 2022)
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. Amended E.R. 2 of 2022)
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)
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. Amended E.R. 2 of 2022)
Any person who parks a motor vehicle in a parking space must— (Amended 25 of 2020 s. 22)
if the parking space is a space in respect of which there is a parking meter (metered parking space), as soon as practicable after the motor vehicle is driven in, use an approved payment means in accordance with the directions exhibited on the parking meter; or (Replaced 25 of 2020 s. 22)
if the parking space is a pay and display parking space— (Replaced 25 of 2020 s. 22)
as soon as practicable after the motor vehicle is driven in, display 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 (Amended 25 of 2020 s. 22)
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.
The following provisions apply in relation to payment for the use of the metered parking space, or the pay and display parking space— (Replaced 25 of 2020 s. 22)
(Repealed 25 of 2020 s. 22)
the use of an approved payment means as required by subsection (1)(a) is payment for the use of the metered parking space in respect of the motor vehicle 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 payment means is so used; and (Replaced 25 of 2020 s. 22)
the display of the display ticket in accordance with subsection (1)(b) is payment for the use of the pay and display parking space in respect of the motor vehicle in it until the time and date indicated on the ticket as the time and date of expiry of the period to which the payment relates. (Replaced 25 of 2020 s. 22)
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; E.R. 2 of 2022)
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 parking meter in respect of the parking space or spaces or whether it is a pay and display parking space or they are pay and display parking spaces. (Amended 25 of 2020 s. 22)
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. Amended E.R. 2 of 2022)
(Replaced 62 of 1991 s. 3)
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: (Amended E.R. 2 of 2022) 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)
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—
the sign referred to in subsection (1) was not exhibited, or was not exhibited for the appropriate period of time, even though an approved payment means was used as directed on the meter; or
it was not possible to use an approved payment means for the meter. (Replaced 62 of 1991 s. 4. Amended 25 of 2020 s. 23)
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. Amended E.R. 2 of 2022)
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.
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)
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.
(Replaced 59 of 1977 s. 9)
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)
| $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). |
Subject to section 3AA, 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. (Amended 13 of 2024 s. 7)
In any proceedings for recovery of the fixed penalty it shall be no defence—
that the contravention was committed without the knowledge or consent of the registered owner; or
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.
In sections 15, 15AA, 15AAB, 15AAD, 15AAE and 15AAF—
electronic record (電子紀錄) has the meaning given by section 2(1) of the ETO; ETO (《電子交易條例》) means the Electronic Transactions Ordinance (Cap. 553); person liable (責任人), in relation to a motor vehicle in respect of which a contravention is being or has been committed, means— (a)the registered owner of the motor vehicle; or (b)if the motor vehicle is an official vehicle—the driver of the vehicle at the time of the contravention; police officer (警務人員) includes— (a)a member of the Hong Kong Auxiliary Police Force; and (b)a traffic warden; prescribed information (訂明資料) means the information prescribed in regulation 2 of the Fixed Penalty (Traffic Contraventions) Regulations (Cap. 237 sub. leg. A) for the purposes of section 15(5)(b) or (6)(b) or 15AAB(3)(b) or (4)(b).In section 15(4)(b) or 15AAB(2)(b), the reference to sending an electronic fixed penalty notice or electronic demand notice (as the case may be) in the form of an electronic record through a registered e-contact means is to be construed as—
if the registered e-contact means is an electronic mail address—sending the notice to the electronic mail address by an electronic mail; or
if the registered e-contact means is a telephone number—sending the notice to the telephone number by an SMS message as defined by section 3(1) of the Unsolicited Electronic Messages Regulation (Cap. 593 sub. leg. A).
(Added 13 of 2024 s. 8)
This section applies if a police officer has reasonable cause to believe that a contravention is being or has been committed in respect of a motor vehicle.
The police officer may issue a notice in respect of the contravention giving the person liable an opportunity to discharge liability for that contravention by payment of the fixed penalty specified in the notice.
A fixed penalty notice must be served by a police officer by—
delivering the notice personally to the person in charge of the motor vehicle; or
fixing the notice on the motor vehicle.
A fixed penalty notice may otherwise be served, within 12 hours after the contravention comes to the knowledge of a police officer, by—
making the notice available for inspection by the person liable by means of an information system designated by the Commissioner of Police; and
as soon as reasonably practicable after making the notice available for inspection, sending an electronic fixed penalty notice in the form of an electronic record through the registered e-contact means of the person.
A fixed penalty notice must—
be in the specified form; and
contain the prescribed information.
An electronic fixed penalty notice must—
be in the specified form; and
contain the prescribed information.
If there is any inconsistency between the information contained in the fixed penalty notice made available for inspection under subsection (4)(a) and that in the corresponding electronic fixed penalty notice sent under subsection (4)(b), the fixed penalty notice prevails over the electronic fixed penalty notice to the extent of the inconsistency.
A failure to comply with subsection (3) or (4) does not affect the operation of this section or section 15AA or 16.
(Replaced 13 of 2024 s. 9)
Subsection (2) applies if the fixed penalty specified in a fixed penalty notice is not paid within 21 days after the date of the contravention specified in the notice.
A police officer must issue to the person liable a notice requiring the person to, within 10 days after the date of the notice—
pay the fixed penalty; or
notify the Commissioner of Police that the person wishes to dispute liability for the contravention.
However, a demand notice under subsection (2) must not be issued if—
the Commissioner of Police is of the opinion that no further proceedings should be taken in respect of the contravention; or
6 months beginning on the date of the contravention have expired.
Subsection (5) applies if the Commissioner of Police has reasonable cause to believe that a contravention is being or has been committed in respect of an official vehicle.
Even if a fixed penalty notice has not been issued under section 15(2) in respect of the contravention, the Commissioner of Police may issue to the person liable a demand notice in respect of the contravention requiring the person to, within 31 days after the date of the notice—
pay the fixed penalty specified in the notice for discharging any liability for the contravention; or
notify the Commissioner of Police that the person wishes to dispute liability for the contravention.
A demand notice under subsection (5) must be issued—
within 1 month beginning on the date of the contravention; or
if the identity, address or registered e-contact means of the person liable cannot be ascertained within 7 days beginning on the date of the contravention—within 6 months beginning on the date of the contravention.
(Added 13 of 2024 s. 10)
A demand notice must be served on the person liable by post—
to the registered address of the person; or
if the motor vehicle concerned is an official vehicle—
to the registered address of the person; or
to the address of the place where the person normally works.
A demand notice may otherwise be served by—
making the notice available for inspection by the person liable by means of an information system designated by the Commissioner of Police; and
as soon as reasonably practicable after making the notice available for inspection, sending an electronic demand notice in the form of an electronic record through the registered e-contact means of the person.
A demand notice must—
be in the specified form; and
contain the prescribed information.
An electronic demand notice must—
be in the specified form; and
contain the prescribed information.
If there is any inconsistency between the information contained in the demand notice made available for inspection under subsection (2)(a) and that in the corresponding electronic demand notice sent under subsection (2)(b), the demand notice prevails over the electronic demand notice to the extent of the inconsistency.
(Added 13 of 2024 s. 10)
Subject to section 20B, no payment of the fixed penalty specified in a demand notice may be accepted after the expiry of the period for making the payment specified in the notice.
(Added 13 of 2024 s. 10)
This section applies if—
the person on whom a demand notice is served under section 15AAB(1) or (2) (specified person) wishes to dispute liability for the contravention specified in the notice; and
the specified person wishes to send a notice to that effect in the form of an electronic record (electronic record) to the Commissioner of Police.
The electronic record must be—
signed by the specified person; and
sent to the information system designated by the Commissioner of Police (information system).
The electronic record is taken to have been received by the Commissioner of Police if—
the electronic record is sent in accordance with subsection (2)(b);
the electronic record is accepted by the information system; and
the information system generates a record confirming the acceptance.
The requirement for a signature on the electronic record under subsection (2)(a) is met by—
if the specified person is a natural person—
a digital signature of the specified person; or
a password of that person assigned or approved under subsection (5); and
if the specified person is a corporation—
a digital signature of a person who is authorized by the specified person to send the electronic record for the specified person; and
a password of the specified person assigned or approved under subsection (5).
The Commissioner of Police may, for enabling a person to send an electronic record under subsection (2)(b), assign or approve any sequence or combination of letters, characters, numbers or symbols as the person’s password.
A person whose digital signature has been affixed on the electronic record under subsection (4)(b)(i) is, in the absence of evidence to the contrary, to be regarded as a person who is authorized by the specified person to send the record for the specified person.
In this section—
digital signature (數碼簽署) means a digital signature within the meaning of section 2 of the ETO that meets the requirements specified in section 15AAE.(Added 13 of 2024 s. 10)
The requirements specified for the definition of digital signature in section 15AAD(7) are that—
the digital signature is supported by a recognized certificate;
the digital signature is generated within the validity of the certificate; and
the digital signature is used in accordance with the terms of that certificate.
In this section—
certification authority (核證機關) has the meaning given by section 2(1) of the ETO; recognized certificate (認可證書) has the meaning given by section 2(1) of the ETO; recognized certification authority (認可核證機關) has the meaning given by section 2(1) of the ETO; within the validity of the certificate (在該證書的有效期內) means that at the time the digital signature is generated— (a)the certificate that supports the digital signature has not been revoked or suspended by the certification authority that issued the certificate; (b)the recognition of the certificate has not been revoked or suspended by the Government Chief Information Officer; (c)if it is a certificate designated as a recognized certificate issued by the recognized certification authority referred to in section 34 of the ETO—the designation has not been withdrawn by the certification authority; (d)if the Government Chief Information Officer has specified a period of validity for the recognition of the certificate—the certificate is within that period; and (e)if the recognized certification authority has specified a period of validity for the certificate—the certificate is within that period.(Added 13 of 2024 s. 10)
A certificate of service in the prescribed form purporting to be signed by or for the Commissioner of Police is admissible in evidence without further proof on its production to the magistrate.
The certificate may state the following matters—
the demand notice specified in the certificate has been served on the person liable by post under section 15AAB(1); or
the demand notice specified in the certificate has been made available for inspection by the person liable under section 15AAB(2)(a) and the corresponding electronic demand notice has been sent under section 15AAB(2)(b).
Unless the contrary is proved—
it is presumed that the certificate is signed by or for the Commissioner of Police; and
the certificate is evidence of the facts stated in it.
(Added 13 of 2024 s. 10)
(Amended 13 of 2024 s. 11)
If a demand notice 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 that person that the notice has been withdrawn. (Amended 56 of 1981 s. 5)
If a demand notice had been withdrawn under this section and any sum of money has been paid pursuant to the notice, the Director of Accounting Services must, 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. Amended 13 of 2024 s. 11)
If a person on whom a demand notice has been served has notified the Commissioner of Police, in accordance with that notice, that that person wishes to dispute liability, the matter must be determined by a magistrate on complaint, in a summary way, in accordance with this Ordinance. (Amended 13 of 2024 s. 12)
If a person on whom a demand notice has been served has not paid the fixed penalty and has not notified the Commissioner of Police, in accordance with that notice, that that person wishes to dispute liability for the contravention, a magistrate must, on an application which may be made in the absence of that person, order that person 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. (Amended 13 of 2024 s. 12)
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.
Notice of the order made under subsection (2) may be served by sending it by post—
where it is directed to a registered owner, to his registered address; or
where it is directed to a driver under section 3AA, to the address where the driver normally works. (Amended 13 of 2024 s. 12)
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)
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)
If a magistrate is satisfied that the demand notice has not come to the personal notice of the person to whom the demand notice is addressed 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— (Amended 13 of 2024 s. 13)
if that person wishes to dispute liability for the contravention, order that the matter be determined in accordance with section 16(1); or
if that person does not wish to dispute liability— (Amended 13 of 2024 s. 13)
order that person to pay the fixed penalty within 10 days of the order; and
order that, if that person fails to pay that fixed penalty within that period, that person is 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. Amended 13 of 2024 s. 13)
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).
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)
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)
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)
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)
where it is directed to a registered owner, to his registered address; or
where it is directed to a driver under section 3AA, to the address where the driver normally works. (Amended 13 of 2024 s. 14)
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—
the certificate is so signed; and
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)
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.
The magistrate shall not begin to hear the complaint in the absence of the defendant unless—
service is proved under section 17(2); or
the defendant has appeared on a previous occasion to answer to the complaint.
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)
Despite 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) must be made on, or the substance of the complaint may be proved by, the production by the applicant or complainant to the magistrate of— (Amended 13 of 2024 s. 15)
the following document together with a certificate under section 15AAF that relates to the service of the document—
a copy of the demand notice; or
if the demand notice is served under section 15AAB(2), printed copies of—
the demand notice; and
the corresponding electronic demand notice; and (Replaced 13 of 2024 s. 15)
a certificate under section 21(1).
(Replaced 56 of 1981 s. 8)
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)
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.
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)
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)
Notice of the order made in any proceedings under section 18 may be served by sending it by post—
where it is directed to a registered owner, to his registered address; or
where it is directed to a driver under section 3AA, to the address where the driver normally works. (Added 56 of 1981 s. 9. Amended 13 of 2024 s. 16)
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)
Despite the fact that proceedings have been instituted against a person who has notified the Commissioner of Police in accordance with the demand notice served on the person under section 15AAB(1) or (2), that the person 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 must on payment of the sum 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; 13 of 2024 s. 17)
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)
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)
A certificate in the prescribed form stating—
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;
that the address specified in it was at any particular time the registered address of the person or, in the case of a driver, the registered address of the driver or the address of the place where the driver normally worked;
that the e-contact means specified in it was at any particular time the registered e-contact means of the registered owner or the driver, as the case may be, of a particular vehicle; and (Added 13 of 2024 s. 18)
that payment of the fixed penalty in respect of the contravention specified in any particular demand notice 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 the person wished to dispute liability for the contravention, (Amended 13 of 2024 s. 18)
and purporting to be signed by or for the Commissioner of Police is admissible in evidence without further proof on its production to the magistrate by the complainant or applicant and— (Amended 13 of 2024 s. 18)
until the contrary is proved, it is presumed that the certificate is so signed;
the certificate is evidence of the facts stated in it. (Replaced 42 of 1971 s. 6. Amended 56 of 1981 s. 11; 13 of 2024 s. 18)
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; E.R. 2 of 2022)
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; E.R. 2 of 2022)
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.
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 $1,500. (Amended 39 of 1984 s. 11)
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—
may at the same time make an order for the payment of costs by the defendant of not less than $80 or more than $1,500; and
must 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— (Amended 13 of 2024 s. 19)
to refuse to issue a driving licence to the defendant or to refuse to renew his driving licence; and
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 those 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; 13 of 2024 s. 19)
An order under subsection (2)(b) shall specify—
the name of the defendant;
(Repealed 79 of 1991 s. 2)
the sum adjudged to be paid. (Replaced 59 of 1977 s. 17)
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)
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)
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)
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.
The Legislative Council may, by resolution, amend any of the sums specified in subsection (1) or (2)(a). (Added 39 of 1984 s. 11)
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—
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
any additional sum payable under subsection (2); and
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.
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.
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)
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.
(Amended 56 of 1981 s. 14)
The Secretary for Transport and Logistics may make regulations— (Amended 3 of 1994 s. 2; L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022; 13 of 2024 s. 20)
prescribing anything which under this Ordinance is to be or may be prescribed;
specifying the persons to whom and the places at which a fixed penalty or an additional penalty may be paid;
specifying the manner of payment of a fixed penalty or an additional penalty and the receipt therefor;
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;
specifying the procedure for the application for and issue of a certificate under section 22(4A); and
generally for the better carrying out of the provisions of this Ordinance. (Amended 56 of 1981 s. 15)
A regulation under subsection (1) may authorize the following matters to be specified by the Commissioner of Police in a form specified under section 26(1)—
the person to whom and the place at which a fixed penalty or an additional penalty may be paid; and
how a fixed penalty or an additional penalty may be paid. (Added 13 of 2024 s. 20)
The Commissioner of Police may, by notice published in the Gazette, specify the forms of the following notices—
a fixed penalty notice;
a demand notice;
an electronic fixed penalty notice under section 15(4)(b); and
an electronic demand notice under section 15AAB(2)(b).
A notice in the form specified under subsection (1)(a) or (b) is valid if the name of the Commissioner of Police or a police officer authorized by the Commissioner of Police is printed, signed or otherwise shown on the notice.
A notice published in the Gazette under subsection (1) is not subsidiary legislation.
(Added 13 of 2024 s. 21)
The Commissioner of Police may, by notice published in the Gazette, designate an information system for the purposes of section 15(4)(a), 15AAB(2)(a) or 15AAD(2)(b).
A notice published in the Gazette under subsection (1) is not subsidiary legislation.
(Added 13 of 2024 s. 21)
For a notice in Form 1 or 2 in the pre-amended Schedule issued before the commencement date, the pre-amended Ordinance and the pre-amended Regulations apply in respect of the notice as if Parts 2 and 3 of the amending Ordinance had not been enacted.
If a person pays the fixed penalty specified in the notice under subsection (1), regulation 3(2), (3), (4) and (6) of the pre-amended Regulations applies to the payment as if the payment were made under regulation 3(1) of the pre-amended Regulations.
This section expires on the expiry of 24 months after the commencement date.
In this section—
amending Ordinance (《修訂條例》) means the Electronic Traffic Enforcement (Miscellaneous Amendments) Ordinance 2024 (13 of 2024); *commencement date (生效日期) means the date on which Parts 2 and 3 of the amending Ordinance come into operation; pre-amended Ordinance (《原有條例》) means this Ordinance as in force immediately before the commencement date; pre-amended Regulations (《原有規例》) means the Fixed Penalty (Traffic Contraventions) Regulations (Cap. 237 sub. leg. A) as in force immediately before the commencement date; pre-amended Schedule (原有附表) means the Schedule to the pre-amended Regulations as in force immediately before the commencement date.(Added 13 of 2024 s. 21)
(Format changes—E.R. 2 of 2012)
| 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)
For the purposes of section 12 and Schedule 1, the circumstances which may constitute a defence in proceedings for a contravention are as follows—
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—
in a position as close as possible to the site of the operations; and
for a period no longer than is necessary.
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 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—
in a position as close as possible to the site of the operations; and
for a period no longer than is necessary.
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)
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—
(Repealed 39 of 1984 s. 13)
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
is, with the permission in writing of the Commissioner, parked at a terminus between the hours of 11 p.m. and 7 a.m.
Where anything is done with the express permission or by the direction of a police officer or traffic warden in uniform.
(Repealed 39 of 1984 s. 13)
Where a motor vehicle is prevented from proceeding by—
mechanical breakdown; or
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.
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); (Amended E.R. 2 of 2012) 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)