Fixed Penalty (Criminal Proceedings) Regulations
[1 November 1976] L.N. 257 of 1976
(Format changes—E.R. 6 of 2021)
These regulations may be cited as the Fixed Penalty (Criminal Proceedings) Regulations.
The information set out in Part 1 of Schedule 2 is prescribed for a fixed penalty notice for the purposes of section 3(5)(b) of the Ordinance.
The information set out in Part 2 of Schedule 2 is prescribed for an electronic fixed penalty notice for the purposes of section 3(6)(b) of the Ordinance.
The information set out in Part 3 of Schedule 2 is prescribed for a demand notice for the purposes of section 3AAB(3)(b) of the Ordinance.
The information set out in Part 4 of Schedule 2 is prescribed for an electronic demand notice for the purposes of section 3AAB(4)(b) of the Ordinance.
The Commissioner of Police may, in a form specified under section 11A(1) of the Ordinance, specify matters relating to—
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.
A person on whom a fixed penalty notice or demand notice (notice) is served may pay the fixed penalty within the period of time stated in the notice— (13 of 2024 s. 47)
by post addressed to the Treasury; (L.N. 165 of 2001; L.N. 14 of 2018)
personally or through the person’s agent at a counter of any post office other than a mobile post office; (L.N. 14 of 2018)
through any automated teller machine of a bank; (L.N. 165 of 2001)
by phone by using the service commonly known as PPS; (L.N. 165 of 2001; 10 of 2008 s. 50; L.N. 14 of 2018)
through the Internet; (L.N. 165 of 2001; L.N. 14 of 2018; 13 of 2024 s. 47)
through the phone-banking service provided by a bank; or (L.N. 14 of 2018; 13 of 2024 s. 47)
through any other payment method specified by the Commissioner of Police under regulation 2A in the notice. (13 of 2024 s. 47)
A person who wishes to pay the fixed penalty in accordance with subregulation (1)(a) or (b) must— (13 of 2024 s. 47)
deliver—
the notice to which the payment relates; or
if the notice is served under section 3(4) or 3AAB(2) of the Ordinance—a printed copy of the notice made available for inspection under section 3(4)(a) or 3AAB(2)(a) of the Ordinance; or
provide the notice number or electronic payment number specified in the notice,
together with the payment in accordance with the payment instructions set out in the notice. (13 of 2024 s. 47)
When any payment is made in accordance with this regulation, it shall be of the amount specified in the notice or, where payment is made in respect of more than one notice, of the total amounts specified in the notices.
Where any amount is paid otherwise than in accordance with this regulation, the Director of Accounting Services may return it to the payer.
Subject to subregulation (4), the Director of Accounting Services shall, as soon as practicable after payment of a fixed penalty has been made in accordance with subregulation (1)(b), send to the person paying a receipt for the payment.
A certificate of service under section 3AAF(1) of the Ordinance—
if it states the matters specified in section 3AAF(2)(a) of the Ordinance—must be in accordance with Form 2A in Schedule 1; and
if it states the matters specified in section 3AAF(2)(b) of the Ordinance—must be in accordance with Form 2B in Schedule 1.
A certificate under section 8 of the Ordinance must be in accordance with Form 3 in Schedule 1.
A certificate under section 10(3) of the Ordinance must be in accordance with Form 4 in Schedule 1.
Fixed Penalty (Criminal Proceedings) Ordinance
(Chapter 240)CERTIFICATE OF POSTING OF DEMAND NOTICE
(Section 3AAF(2)(a))
| This is to certify that on the ___________ day of ___________________ a Demand Notice was posted to the addressee at the address below under section 3AAB(1) of the Fixed Penalty (Criminal Proceedings) Ordinance (Cap. 240). The particulars of the Notice are as follows— | |||
| Notice No.: ________________ | |||
| Date of Notice: _______________________________________________ | |||
| Name of Addressee: ___________________________________________ | |||
| Address: ____________________________________________________ | |||
| Date: __________________ | |||
| for Commissioner of Police. | |||
| (Full name in block letters) | |||
Fixed Penalty (Criminal Proceedings) Ordinance
(Chapter 240)CERTIFICATE OF ELECTRONIC SERVICE OF
DEMAND NOTICE
(Section 3AAF(2)(b))
| This is to certify that beginning on the ________ day of ______________ a Demand Notice was made available for inspection by the addressee below under section 3AAB(2)(a) of the Fixed Penalty (Criminal Proceedings) Ordinance (Cap. 240), and on the ________ day of ____________ a corresponding Electronic Demand Notice was sent by electronic means to the addressee through the registered e-contact means below under section 3AAB(2)(b) of that Ordinance. The particulars of the Notices are as follows— | |||
| Notice No. of Demand Notice and Electronic Demand Notice: __________________________________ | |||
| Date of Demand Notice: ________________________________________ | |||
| Date of Electronic Demand Notice: _______________________________ | |||
| Name of Addressee: ___________________________________________ | |||
| Registered e-contact Means: _____________________________________ | |||
| Date: __________________ | |||
| for Commissioner of Police. | |||
| (Full name in block letters) | |||
| Form 3 |
(Chapter 240)CERTIFICATE OF IDENTITY, REGISTERED ADDRESS, REGISTERED e-CONTACT MEANS AND NON-PAYMENT OF FIXED PENALTY(Section 8)
| This is to certify that— | |||||
| A. | On the | at about | the | ||
| registered owner of the motor vehicle bearing registration mark was— | |||||
| B. | On the | the registered address of the person | |||
| specified at A above was— | |||||
| BA. | On the | the registered | |||
| e-contact means of the person specified at A above was— | |||||
| C. | On the | the holder of driving licence | |||
| number was— | |||||
| D. | On the | the registered address of the person | |||
| specified at C above was— | |||||
| DA. | On the | the registered | |||
| e-contact means of the person specified at C above was— | |||||
| E. | On the | the registered address of the person | |||
| specified at above was— | |||||
| F. | Before the | full payment of the | |||
| Fixed Penalty in respect of the offence shown at item | |||||
| in the Schedule to the Fixed Penalty (Criminal Proceedings) Ordinance (Cap. 240) specified in the Demand Notice bearing the number and dated was not made. | |||||
| G. | Before the | the person specified | |||
| at | above had not notified the Commissioner of | ||||
| Police that he wished to dispute liability for the offence specified at F above. | |||||
| (Date) | (Signature) | |||
| (Full Name) | ||||
| for Commissioner of Police. | ||||
| Form 4 |
(Chapter 240)CERTIFICATE OF CLEARANCE(Section 10(3))
| This is to certify that there are no fines or costs unpaid by | |||
| the registered owner of motor vehicle registration mark | |||
| Issued on the . day of . at . a.m./p.m. | |||
| for Commissioner for Transport. | |||
| NOTE: | This certificate remains valid for not more than 72 hours from the time of issue. | ||
(Schedule 2 added 13 of 2024 s. 52)
The notice number
The registration mark of the motor vehicle concerned
The following information relating to the alleged scheduled offence—
the statutory provision contravened;
the time, date and location of the commission of the offence;
the code number representing the offence
The following information relating to the fixed penalty—
the amount of the penalty;
the e-payment number and bill type;
the payment method;
the period for making the payment;
the consequence for failing to make the payment within the period or to dispute liability for the alleged scheduled offence
The method of enquiry
The police number of the police officer authorized to issue the fixed penalty notice
The date of the fixed penalty notice
The notice number
The date of the electronic fixed penalty notice
The registration mark of the motor vehicle concerned
The following information relating to the alleged scheduled offence—
the time, date and location of the commission of the offence;
the code number representing the offence
The following information relating to the fixed penalty—
the amount of the penalty;
the e-payment number and bill type;
the period for making the payment
How to gain access to an information system designated by the Commissioner of Police through which—
the corresponding fixed penalty notice may be inspected; and
the following information is provided—
the payment method;
the consequence for failing to make the payment or to dispute liability for the alleged scheduled offence;
an explanation of the code number used to represent the offence;
other matters relating to the offence or fixed penalty
The method of enquiry
The notice number
The following particulars of the person to whom the demand notice is addressed—
the name;
the number of the person’s identity document as defined by regulation 2(1) of the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap. 374 sub. leg. E)
The registration mark of the motor vehicle concerned
The following information relating to the alleged scheduled offence—
the statutory provision contravened;
a description of the offence;
the time, date and location of the commission of the offence
The requirement that the person must—
pay the fixed penalty; or
notify the Commissioner of Police that the person wishes to dispute liability for the alleged scheduled offence
The following information relating to the fixed penalty required—
the amount of the penalty;
the e-payment number and bill type;
the payment method;
the period for making the payment;
the consequence for failing to make the payment within the period
The following information relating to the notice to dispute liability for the alleged scheduled offence—
how to send the notice;
the period for giving the notice;
the consequence for failing to give the notice within the period
The method of enquiry
The name and police number of the police officer authorized to issue the demand notice
The date of the demand notice
The notice number
The date of the electronic demand notice
The registration mark of the motor vehicle concerned
The following information relating to the alleged scheduled offence—
the time, date and location of the commission of the offence;
the code number representing the offence
The following information relating to the fixed penalty required—
the amount of the penalty;
the e-payment number and bill type;
the period for making the payment
The period for the dispute of liability for the alleged scheduled offence
How to gain access to an information system designated by the Commissioner of Police through which—
the corresponding demand notice may be inspected; and
the following information is provided—
the payment method;
the consequence for failing to make the payment or to dispute liability for the alleged scheduled offence;
an explanation of the code number used to represent the offence;
other matters relating to the offence, fixed penalty or dispute of liability
The method of enquiry