Cap. 240 《定額罰款(刑事訴訟)條例》Fixed Penalty (Criminal Proceedings) Ordinance

In this Ordinance, unless the context otherwise requires—

The short descriptions in the third column of the Schedule indicate for convenience of reference only the general nature of the offences under the provisions specified in the second column of the Schedule.

In section 3(4)(b) or 3AAB(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—

This section applies if a police officer has reason to believe that a person is committing or has committed a scheduled offence (person liable).

The police officer may issue a notice in respect of the scheduled offence giving the person liable an opportunity to discharge any liability to conviction for that offence by payment of the fixed penalty specified in the notice within 21 days after the date of the notice.

A fixed penalty notice must be served by a police officer by—

A fixed penalty notice may otherwise be served, within 12 hours after the commission of the scheduled offence by the person liable comes to the knowledge of a police officer, by—

A fixed penalty notice must—

An electronic fixed penalty notice must—

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 3AA, 3A or 5.

Subsection (2) applies if the Commissioner of Police is of the opinion that a person alleged to be guilty of a scheduled offence (person liable) ought to be proceeded against under this Part in respect of the offence.

The Commissioner of Police must, as soon as practicable after the commission of the scheduled offence by the person liable, issue to the person liable a demand notice in respect of the scheduled offence requiring the person to, within 21 days after the specified date—

A demand notice must be issued—

In this section—

A demand notice must be served on the person to whom it is addressed (subject person) by post to the registered address of the person.

A demand notice may otherwise be served by—

A demand notice must—

An electronic demand notice must—

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.

If the demand notice is served on a person, no proceedings may be taken against that person in respect of the scheduled offence specified in the notice until the expiry of 21 days after the date of the notice.

This section applies if—

The electronic record must be—

The electronic record is taken to have been received by the Commissioner of Police if—

The requirement for a signature on the electronic record under subsection (2)(a) is met by—

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—

The requirements specified for the definition of digital signature in section 3AAD(7) are that—

In this section—

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—

Unless the contrary is proved—

In this section—

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 offence, 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 and costs of not less than $80 or more than $1,500, within 14 days of being served with notice of the order. (Amended 10 of 2008 s. 16; 13 of 2024 s. 33)

Where an order is made under subsection (1) the magistrate shall cause notice of the order to be served on the person to whom the order relates.

Notice of the order made under subsection (1) may be served by sending it by post to the registered address of the person to be served.

If the person against whom an order has been made under subsection (1) fails to pay the amount of the fixed penalty, additional penalty and costs, he shall, for the purposes of section 68 of the Magistrates Ordinance (Cap. 227), be deemed to have failed to have paid a sum adjudged to be paid by a conviction and shall be liable to be imprisoned under that section. (Amended 10 of 2008 s. 16)

Where a person against whom an order under subsection (1) has been made, pays the full amount of the fixed penalty, additional penalty and costs shown in the order, he shall not be liable to be prosecuted or convicted for the scheduled offence to which the order relates. (Amended 12 of 1984 s. 3; 10 of 2008 s. 16)

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)

If a magistrate is satisfied that the demand notice has not come to the personal notice of the person to whom it 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 3A(1) and— (Amended 13 of 2024 s. 34)

Any 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 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 3A(1) came to the personal notice of the person to whom that order relates. (Added 12 of 1984 s. 3)

Where the person against whom an order is made under subsection (1)(b) fails to pay the amount of the fixed penalty, additional penalty and costs, he shall, for the purposes of section 68 of the Magistrates Ordinance (Cap. 227), be deemed to have failed to have paid a sum adjudged to be paid by a conviction and shall be liable to be imprisoned under that section. (Added 12 of 1984 s. 3. Amended 10 of 2008 s. 17)

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 12 of 1984 s. 3)

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 of the date of that order. (Added 12 of 1984 s. 3)

If a fixed penalty notice or demand notice has been served on any person, the Commissioner of Police may, at any time before the commencement of proceedings against that person in respect of the scheduled offence specified in the notice, and whether or not an order under section 3A(1) 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 12 of 1984 s. 4)

If a fixed penalty notice or demand notice has been withdrawn under this section and any sum of money has been paid under that 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. (Amended L.N. 16 of 1977)

The withdrawal of a fixed penalty notice or demand notice must not be a bar to any proceedings in respect of the scheduled offence specified in the notice.

If— (Amended 13 of 2024 s. 36)

then, despite section 8 of the Magistrates Ordinance (Cap. 227), a summons issued in those proceedings may be served on the person named in the summons by sending it by post to the registered address of that person. (Amended 13 of 2024 s. 36)

Upon the production by the prosecution of—

it shall, subject to section 6(2), be conclusively presumed that the summons under subsection (1) to which the certificates relate was duly served.

If a person served with a summons under section 5 does not appear before the court at the time and place required by the summons and service is proved under section 5(2), the court may hear and determine the case in the absence of the defendant.

For the purposes of subsection (1), a summons shall be deemed not to have been served unless service was effected at a reasonable time before the time appointed in the summons for the appearance of the defendant before the court.

Despite any provisions of the Magistrates Ordinance (Cap. 227), in any application under section 3A(1) or in any proceedings heard under section 6 in the absence of the defendant, an order under section 3A(1) must be made on, or the substance of the offence may be proved by, the production by the applicant or the prosecution of— (Amended 13 of 2024 s. 37)

Where, in any proceedings heard under section 6, a person is convicted, the court shall cause notice of the conviction to be served on that person.

Notice of the conviction may be served by sending it by post to the registered address of the person to be served.

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 in any proceedings or in any application under section 3A(1).

The certificate may state any of the following matters—

Unless the contrary is proved—

Notwithstanding that proceedings have been instituted against a person who has notified the Commissioner of Police that he wishes to dispute liability, the defendant may pay the fixed penalty together with an additional penalty equal to the amount of the fixed penalty in accordance with subsection (2) and, if at the same time the defendant also pays to the court the sum of $500 by way of costs, the proceedings shall thereupon terminate. (Amended 57 of 1981 s. 8; 57 of 1984 s. 2; L.N. 103 of 1991; L.N. 218 of 1995; L.N. 46 of 1998)

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. 10)

The Legislative Council may, by resolution, amend the sum specified in subsection (1). (Added 57 of 1984 s. 2)

If— (Amended 13 of 2024 s. 41)

the Commissioner must, despite anything in the Road Traffic Ordinance (Cap. 374)— (Amended 13 of 2024 s. 41)

Subsection (1) shall cease to have effect if—

Subsection (1)(ii) shall cease to have effect in respect of a motor vehicle which has been sold or otherwise disposed of by such person if the purchaser of the motor vehicle is, at the time of delivery to the Commissioner of notice of transfer of ownership in accordance with regulations made under the Road Traffic Ordinance (Cap. 374), in possession of a certificate in the prescribed form issued by the Commissioner to the effect that no such fine or costs are unpaid by such person.

A certificate issued under subsection (3) shall be valid for not more than 72 hours from the time of issue.

Where a person—

is sentenced to imprisonment by virtue of section 68 of the Magistrates Ordinance (Cap. 227), that person shall 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 subsection (1), shall be deemed to be a fine imposed on conviction. (Added 57 of 1981 s. 10)

If a person who has been ordered under this Ordinance to pay any fixed penalty fails within 1 month of the date of the order to pay that penalty, any additional penalty or costs payable under this Ordinance, an application may be made in the absence of that person to a magistrate for an order directing that— (Amended 10 of 2008 s. 19)

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 order 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 10(1) shall be treated as if it were a penalty ordered to be paid under this Ordinance.

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)

The Secretary for Transport and Logistics may make regulations— (Amended 4 of 1994 s. 2; L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022; 13 of 2024 s. 42)

A regulation under subsection (1) may authorize the following matters to be specified by the Commissioner of Police in a form specified under section 11A(1)—

The Commissioner of Police may, by notice published in the Gazette, specify the forms of the following notices—

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.

The Commissioner of Police may, by notice published in the Gazette, designate an information system for the purposes of section 3(4)(a), 3AAB(2)(a) or 3AAD(2)(b).

A notice published in the Gazette under subsection (1) is not subsidiary legislation.

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 4 and 5 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) and (5) 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—