An Ordinance to provide for the incurrence of points for various taxi-driver-related offences and for, if a certain number of points are incurred by a person, the disqualification of the person from driving taxis and the obligatory attendance of taxi service improvement courses by the person; and to provide for related matters.
[22 September 2024]
(Enacting provision omitted—E.R. 1 of 2025)
(Amended E.R. 1 of 2025)
This Ordinance may be cited as the Taxi-Driver-Offence Points Ordinance.
(Omitted as spent—E.R. 1 of 2025)
In this Ordinance—
Commissioner (署長) means the Commissioner for Transport; driving licence (駕駛執照) has the meaning given by section 2 of the Road Traffic Ordinance (Cap. 374); fixed penalty (定額罰款) means a fixed penalty incurred under the Fixed Penalty Ordinance; Fixed Penalty Ordinance (《定額罰款條例》) means the Fixed Penalty (Criminal Proceedings) Ordinance (Cap. 240); have no effect (無效)—see section 17; points (分、分數) means taxi-driver-offence points incurred under section 7(1) or (2), 12(3)(b) or 13(4)(b); points entry (分數記項) means an entry in the Register that records the information referred to in section 3(2)(b); Register (記分冊) means the register of taxi-driver-offence points maintained under section 3(1); scheduled offence (表列罪行) means an offence under a provision specified in column 2 of the Schedule; taxi (的士) has the meaning given by section 2 of the Road Traffic Ordinance (Cap. 374); taxi course completion certificate (的士課程完課證書) has the meaning given by section 102A of the Road Traffic Ordinance (Cap. 374); taxi service improvement course (的士服務改進課程) has the meaning given by section 2 of the Road Traffic Ordinance (Cap. 374).In this Ordinance, a reference to being disqualified from driving a taxi includes being disqualified from holding or obtaining a driving licence to drive a taxi.
In the Schedule, a reference in column 2 to a provision of an enactment includes any other provision of that enactment that makes the conduct or omission concerned an offence.
A note located in the text of this Ordinance is provided for information only and has no legislative effect.
The Commissioner must maintain a register of taxi-driver-offence points.
The Commissioner must, for each person who has incurred points under this Ordinance, record in the Register—
the name, and other particulars the Commissioner considers appropriate, of the person;
for each offence for which points have been incurred—
what the offence is;
the date of the commission of the offence;
the number of points incurred for the offence; and
the date on which the points were incurred;
if applicable, the date on which the person was issued with a taxi course completion certificate;
if applicable, the date on which points were deducted under section 16 and the number of points deducted; and
any other information the Commissioner considers appropriate.
The Commissioner may cancel a points entry for points incurred more than 5 years before the date of cancellation.
If the Commissioner is of the opinion that an entry in the Register about a person is incorrect, the Commissioner must—
rectify the Register; and
notify the person in writing of the rectification.
The Commissioner may, before rectifying the Register under subsection (1), consult the Commissioner of Police if considered appropriate.
If a person considers that an entry in the Register about the person is incorrect, the person may apply to the Commissioner to rectify the Register.
On receiving the application, the Commissioner—
must examine the Register;
may require the person to provide, in support of the application, any information the Commissioner considers appropriate; and
may consult the Commissioner of Police if considered appropriate.
If the Commissioner, having examined the Register, and (if applicable) considered any information provided by the person and (if applicable) consulted the Commissioner of Police—
is satisfied that the entry is correct—the Commissioner must refuse the application; or
is satisfied that the entry is incorrect—the Commissioner must rectify it.
The Commissioner must notify the person in writing of the decision under subsection (3).
If a person becomes liable to a fixed penalty for a scheduled offence as described in section 10, the person incurs taxi-driver-offence points for the offence on the day on which the person becomes so liable.
Also, subject to section 15, if a person is convicted of a scheduled offence, the person incurs taxi-driver-offence points for the offence on the day on which the person is so convicted.
The number of points that a person incurs for a scheduled offence is specified in column 4 of the Schedule opposite to the offence.
If a person incurs 8 or more, but less than 15, points for one or more scheduled offences that are committed within a 2-year period, the Commissioner must serve on the person an advice of taxi-driver-offence points informing the person—
of the number of points so incurred by the person; and
that, if 15 or more points are incurred by the person for scheduled offences that are committed within a 2-year period, the person will be disqualified from driving a taxi.
The operation of Division 2 of Part 4 is not affected by a failure to comply with subsection (1).
Subsection (1) applies subject to sections 11, 12, 13, 14, 15, 16 and 18.
For the purposes of sections 7, 11 and 32, a person becomes liable to a fixed penalty for a scheduled offence if—
the person pays the fixed penalty in accordance with a notice given to the person under section 3(1), or served on the person under section 3(3), of the Fixed Penalty Ordinance;
the person is ordered by a magistrate to pay the fixed penalty under section 3A(1) of the Fixed Penalty Ordinance;
the person is ordered by a magistrate to pay the fixed penalty under section 3B(1)(b)(i) of the Fixed Penalty Ordinance; or
the person pays the fixed penalty, an additional penalty and costs under section 9 of the Fixed Penalty Ordinance.
A person ceases to be liable to a fixed penalty for a scheduled offence if—
where the person became so liable in the circumstances described in section 10(a)—the notice is withdrawn by the Commissioner of Police under section 4 of the Fixed Penalty Ordinance;
where the person became so liable in the circumstances described in section 10(b)—the order made against the person under section 3A(1) of the Fixed Penalty Ordinance is rescinded by a magistrate under section 3B(1) or (5) of that Ordinance; or
where the person became so liable in the circumstances described in section 10(c)—the order made against the person under section 3B(1)(b)(i) of the Fixed Penalty Ordinance is rescinded by a magistrate under section 3B(5) of that Ordinance.
If a person ceases to be liable to a fixed penalty for a scheduled offence as described in subsection (1)—
the points incurred for the offence have no effect; and
if the points have already been recorded in the Register—the Commissioner must cancel the points entry relating to the offence.
If a person convicted of a scheduled offence (original offence) appeals against the conviction, the points incurred for the original offence have no effect until the appeal is determined or withdrawn.
If the conviction is quashed on appeal without substituting a conviction for another scheduled offence—
the points incurred for the original offence have no effect; and
the Commissioner must cancel the points entry in the Register relating to the original offence.
If the conviction is substituted on appeal with a conviction for another scheduled offence (substituted offence)—
the points incurred for the original offence have no effect;
the person incurs taxi-driver-offence points for the substituted offence on the day of substitution; and
the Commissioner must—
cancel the points entry in the Register relating to the original offence; and
make a record for the substituted offence in the Register in accordance with section 3(2).
This section applies if—
a person convicted of a scheduled offence applies to a magistrate for a review under section 104(1) of the Magistrates Ordinance (Cap. 227); or
the conviction of a person for a scheduled offence is reviewed under section 104(5) of that Ordinance.
The points incurred for the scheduled offence have no effect until—
the application for review is withdrawn or dismissed; or
the review is determined.
If as a result of the review the person is acquitted—
the points incurred for the scheduled offence have no effect; and
the Commissioner must cancel the points entry in the Register relating to the offence.
If as a result of the review the conviction of the person for the scheduled offence (original offence) is substituted with a conviction for another scheduled offence (substituted offence)—
the points incurred for the original offence have no effect;
the person incurs taxi-driver-offence points for the substituted offence on the day of substitution; and
the Commissioner must—
cancel the points entry in the Register relating to the original offence; and
make a record for the substituted offence in the Register in accordance with section 3(2).
If a person incurs 15 or more points for scheduled offences that are committed within a 2-year period and is, as a result, disqualified from driving a taxi under section 31—
all those points incurred by the person for the offences have no effect; and
the Commissioner must cancel the points entries in the Register relating to the offences.
This section applies if, on being convicted of a scheduled offence (current offence), a person is disqualified from driving a taxi under section 69(1)(f) of the Road Traffic Ordinance (Cap. 374).
The person does not incur any points under this Ordinance for the current offence or for any other scheduled offence the person is convicted of on the same occasion.
For a scheduled offence (previous offence) committed by the person before committing the current offence—
if the person has not yet been convicted of the previous offence at the time of being convicted of the current offence—the person does not incur any points under this Ordinance for the previous offence, even if the person is subsequently convicted of it; or
if the person has already been convicted of the previous offence at the time of being convicted of the current offence and has incurred points under this Ordinance for the previous offence—
the points incurred have no effect; and
the Commissioner must cancel the points entry in the Register relating to the previous offence.
Subsection (2) applies if—
relevant points are recorded in the Register for a person; and
the person is issued with a taxi course completion certificate.
Subject to subsections (3) and (4), the Commissioner must, as soon as practicable after the issue of the certificate, deduct from the total number of relevant points incurred by the person—
if the number before deduction is larger than 3—3 points; or
if the number before deduction is not larger than 3—all the points.
If either of the following subsists on the completion day—
an appeal referred to in section 12 against a conviction for a scheduled offence that the person committed within the past 2 years;
an application for review, or a review, referred to in section 13 in relation to a conviction for a scheduled offence that the person committed within the past 2 years,
no points may be deducted under subsection (2) pending the outcome of the appeal, application or review.
No points may be deducted under subsection (2) if—
on the completion day the total number of relevant points incurred by the person is—
0; or
15 or more than 15; or
within the 2-year period before the completion day the Commissioner has deducted points under subsection (2) for the person.
The points deducted under subsection (2) are regarded as having been deducted on the completion day.
If any points are deducted for a person under this section, the points so deducted—
are to be taken into account in calculating the number of points incurred by the person for the purposes of sections 9 and 26; but
are not to be taken into account in calculating the number of points incurred by the person for the purposes of section 20.
In this section—
completion day (完課當日), in relation to a person issued with a taxi course completion certificate, means the day on which the person completes the taxi service improvement course for which the person is issued with the certificate; relevant points (有關分數) means points incurred by a person that are to be taken into account in calculating the number of points incurred by the person for the purposes of sections 9 and 26.If a provision of this Ordinance provides that points incurred by a person for a scheduled offence have no effect, it means that the points are not to be taken into account in calculating the number of points incurred by the person.
This section applies if—
a person has incurred points for 2 or more scheduled offences (those offences); and
those offences are constituted by the same, or substantially the same, act.
In calculating the number of points incurred by the person for the purposes of sections 9, 20 and 26, only the points incurred for—
the offence that attracts the highest number of points; or
if each of those offences attracts the same number of points—one of those offences,
are to be taken into account.
This section applies to the calculation of the number of points incurred by a person for the purposes of section 20.
If a person—
was convicted of a scheduled offence in any proceedings; and
was on that conviction ordered under section 72A(1)(b) of the Road Traffic Ordinance (Cap. 374) to attend and complete a taxi service improvement course,
all points incurred for that offence, and for any other scheduled offence the person was convicted of in the same proceedings, have no effect.
If—
a person was required to attend and complete a taxi service improvement course under section 20;
a notice was served on the person under section 21; and
the person accordingly attended and completed such a course,
all points specified in the notice have no effect.
If a person—
was required to attend and complete a taxi service improvement course under section 20; and
attended and completed such a course on the person’s own initiative before a notice was served on the person under section 21,
all points specified in the notice have no effect.
If a person attended and completed a taxi service improvement course on the person’s own initiative without being required to do so under section 20, all points incurred by the person before the date of completion of the course have no effect.
If a person incurs 10 or more points for one or more scheduled offences that are committed within a 2-year period, the person must attend and complete a taxi service improvement course at the person’s own cost—
within 3 months after the date of a notice served on the person under section 21; or
if the Commissioner fixes a longer period under section 22—within that longer period.
Subsection (1) applies subject to sections 11, 12, 13, 14, 15, 18 and 19.
For the purposes of section 20, the Commissioner must serve on the person a notice requiring the person to attend and complete a taxi service improvement course.
The notice must inform the person—
of the number of points incurred by the person;
of the offences for which the points have been incurred; and
that the person is required to attend and complete a taxi service improvement course at the person’s own cost in accordance with section 20(1)(a) or (b).
A person who has been served with a notice under section 21 may apply to the Commissioner in writing within 3 months after the date of the notice (original compliance period) to fix a longer period.
On receiving the application, if the Commissioner considers that the person has reasonable grounds for not attending and completing a taxi service improvement course within the original compliance period, the Commissioner—
may fix a longer period within which the person must attend and complete the course for the purposes of section 20; and
must notify the person as soon as reasonably practicable after fixing the period.
A person who, without reasonable excuse, fails to comply with section 20 commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 1 month.
If a person is convicted under subsection (1), the court or magistrate must order the person to attend and complete a taxi service improvement course at the person’s own cost within the period specified in the order.
However, the court or magistrate may for special reasons decide not to make an order under subsection (2).
A person who, without reasonable excuse, fails to comply with an order made under section 23(2) commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 2 months.
If—
a court or magistrate convicts a person of an offence under subsection (1); and
the person is not yet disqualified from driving a taxi,
the court or magistrate must order that the person be disqualified from driving a taxi for a period of not less than 3 months beginning on the date of the order or until the person has attended and completed a taxi service improvement course at the person’s own cost, whichever is the later.
However, the court or magistrate may for special reasons order that the person—
be disqualified from driving a taxi for a period of less than 3 months beginning on the date of the order or until the person has attended and completed a taxi service improvement course at the person’s own cost, whichever is the later; or
not be disqualified from driving a taxi.
If a person is ordered under section 23(2) to attend and complete a taxi service improvement course, the person may appeal against the order in like manner as if it were an order made against the person for the payment of a fine.
If a person appeals under subsection (1) against an order, the period specified in the order for attending and completing a taxi service improvement course does not start or continue to run (as the case requires) until the appeal is withdrawn or dismissed.
If a person incurs 15 or more points for scheduled offences that are committed within a 2-year period, the person is liable to be disqualified from driving a taxi in accordance with this Division.
Subsection (1) applies subject to sections 11, 12, 13, 14, 15, 16 and 18.
If a person is liable to be disqualified from driving a taxi under section 26, the Commissioner must apply to a magistrate by way of complaint for the issue of a summons.
A summons issued as a result of the application must contain the following information—
the date of the commission of each offence for which the points referred to in section 26 were incurred;
the number of points incurred for each offence;
the time and place the person is required to appear.
A summons issued under section 27(1) may be served on a person—
by hand in accordance with subsection (2); or
by ordinary post or registered post in accordance with subsection (3).
If the summons is to be served on the person by hand, the summons—
must be served by a police officer or an usher, or another officer, of a magistrate’s court; and
must—
be delivered to the person personally; or
be left with a third person for the person at the person’s address shown in the record of driving licences kept by the Commissioner under the Road Traffic Ordinance (Cap. 374).
If the summons is to be served on the person by ordinary post or registered post, the summons must be served by posting a prepaid envelope—
addressed to the person at the person’s address shown in the record of driving licences kept by the Commissioner under the Road Traffic Ordinance (Cap. 374); and
containing the summons.
If—
a summons issued under section 27(1) is served on a person by ordinary post in accordance with section 28(3); but
the person fails to appear at the time and place specified in the summons for the person to appear,
the service is regarded as never having been effected and the summons must then be served on the person by hand in accordance with section 28(2) or by registered post in accordance with section 28(3).
If a summons issued under section 27(1) is served on a person by registered post in accordance with section 28(3), the summons is regarded as having been served at the time at which it would have been delivered in the ordinary course of post, even if it is returned through the post undelivered to the person.
If—
a summons issued under section 27(1) has been served on a person in accordance with sections 28 and 29 a reasonable time before the hearing of the summons; but
that person fails to appear at the hearing,
the magistrate may proceed to deal with the matter in the absence of that person.
However, subsection (1) does not empower the magistrate to order, in the absence of that person, that the person be disqualified from driving a taxi.
This section applies if, at the hearing of a summons issued under section 27(1), the magistrate is satisfied that the circumstances set out in section 26 apply to the person on whom the summons was served.
Subject to subsection (3), the magistrate must order that the person be disqualified from driving a taxi for a period of—
for a first disqualification under this section—3 months beginning on the date of the order; and
for a subsequent disqualification under this section—6 months beginning on the date of the order.
Taking into account all circumstances that are not excluded by subsection (4), if the magistrate is satisfied that there are grounds—
to order a shorter period of disqualification—the magistrate may make an order to that effect; or
not to order that the person be disqualified from driving a taxi—the magistrate may make a ruling to that effect.
The following circumstances are excluded for the purposes of subsection (3)—
any circumstances that are alleged to make the offence not a serious one;
hardship, other than exceptional hardship;
any circumstances that, within the 2-year period immediately preceding the issue of the summons under section 27(1), have already been taken into account under subsection (3) in ordering a shorter period of disqualification or not ordering a disqualification.
A certificate—
stating the information specified in subsection (2); and
purporting to be signed by, or on behalf of, the Commissioner,
must be admitted in any proceedings commenced by a summons issued under section 27(1) on its production without further proof.
The following information is specified for the purposes of subsection (1)(a)—
that the person named in the certificate became liable to fixed penalties for, or was convicted of, the scheduled offences specified in the certificate (those offences);
the dates on which the person became liable to the fixed penalties or was convicted;
the dates on which those offences were committed;
the number of points incurred for each of those offences;
if applicable, the date on which the person was issued with a taxi course completion certificate;
if applicable, the date on which points were deducted for the person under section 16.
Until the contrary is proved, the magistrate must presume that—
the certificate is signed by, or on behalf of, the Commissioner; and
the person named in the certificate is the person named in the proceedings.
Until the contrary is proved, the certificate is evidence of the facts stated in it.
A certificate—
stating the information specified in subsection (2); and
purporting to be signed by, or on behalf of, the Commissioner,
must be admitted in any proceedings before any court on its production without further proof.
The following information is specified for the purposes of subsection (1)(a)—
that the person named in the certificate was disqualified from driving a taxi under section 31;
the date on which the disqualification was imposed;
the period of the disqualification.
Until the contrary is proved, the court must presume that—
the certificate is signed by, or on behalf of, the Commissioner; and
the person named in the certificate is the person named in the proceedings.
Until the contrary is proved, the certificate is evidence of the facts stated in it.
This section applies if—
a summons issued under section 27(1) has been served on a person in accordance with sections 28 and 29; and
the person alleges that the information stated in a certificate referred to in section 32 or 33 is incorrect.
The magistrate—
must give the person an opportunity to apply to the Commissioner for rectification of the Register; and
may adjourn the hearing for this purpose.
If a court or magistrate orders under section 24 or 31 that a person be disqualified from driving a taxi, the court or magistrate must, as soon as reasonably practicable, cause notice of the order to be sent to the Commissioner and the Commissioner of Police.
This section applies if—
a court or magistrate orders under section 24 or 31 that a person be disqualified from driving a taxi; and
on the date of the order the person holds a driving licence to drive a taxi.
The person must deposit the driving licence with the court or magistrate—
within 72 hours of the making of the order; or
if the court or magistrate fixes a longer period—within that longer period.
After a driving licence has been deposited under subsection (2), the court or magistrate must, as soon as reasonably practicable, cause the licence to be forwarded to the Commissioner.
If a person against whom an order under section 24 or 31 is made fails, without reasonable excuse, to deposit the person’s driving licence in accordance with section 36, the person commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 1 month.
If a person disqualified from driving a taxi under section 24 or 31, while being so disqualified—
applies for, or obtains, a driving licence to drive a taxi; or
drives a taxi, other than under regulation 19 of the Road Traffic (Driving Licences) Regulations (Cap. 374 sub. leg. B),
the person commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 12 months.
This section applies if a provision of this Part that creates an offence makes a reference to a reasonable excuse for a failure to which the provision relates.
The reference to a reasonable excuse is to be construed as providing for a defence to a charge in respect of the failure to which the provision relates.
A defendant is taken to have established that the defendant had a reasonable excuse for the failure if—
there is sufficient evidence to raise an issue that the defendant had such a reasonable excuse; and
the contrary is not proved by the prosecution beyond reasonable doubt.
An advice or notice required under this Ordinance to be served on a person may be served on the person—
by hand; or
by ordinary post or registered post sent to the person’s address shown in the record of driving licences kept by the Commissioner under the Road Traffic Ordinance (Cap. 374).
The Commissioner may delegate any of the Commissioner’s powers or functions under this Ordinance to any public officer.
A delegation under subsection (1) may be subject to any restriction or condition the Commissioner considers appropriate.
Subject to section 30, the Magistrates Ordinance (Cap. 227) applies, with any necessary adaptations and as far as it is consistent with this Ordinance, to proceedings under this Ordinance as it applies to proceedings in respect of a summary offence.
The Legislative Council may, by resolution, amend the Schedule.
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| Column 1 | Column 2 | Column 3 | Column 4 |
| Item | Provision | Description | Points |
| Road Traffic (Construction and Maintenance of Vehicles) Regulations (Cap. 374 sub. leg. A) | |||
| 1. | Regulation 121(4) | Defacing, damaging or altering a taximeter | 10 |
| Road Traffic (Public Service Vehicles) Regulations (Cap. 374 sub. leg. D) | |||
| 2. | Regulation 37(a) | Wilfully refusing or neglecting to accept a hire | 10 |
| 3. | Regulation 37(b) | Refusing or neglecting to drive a taxi to the place indicated by the hirer | 10 |
| 4. | Regulation 37(c) | Refusing or neglecting to carry the number of passengers required by the hirer | 3 |
| 5. | Regulation 37(d) | Driving to a destination other than by the most direct practicable route | 5 |
| 6. | Regulation 37(e) | Permitting any person other than the hirer to enter the taxi without the consent of the hirer | 5 |
| 7. | Regulation 37(f) | Refusing or neglecting to issue a receipt | 3 |
| 8. | Regulation 40 | Soliciting | 5 |
| 9. | Regulation 45(2)(a) | Deceiving or refusing to inform a passenger or intending passenger as to the proper fare and route to any place | 5 |
| 10. | Regulation 47(2) | Overcharging | 10 |
| 11. | Regulation 49(2) | Not setting taximeter to recording position | 3 |