Clause 10

Where any conservancy and service charges are due and remain unpaid by the owner or tenant of any flat to a Town Council upon the vesting of the flat in the Board under section 52 or 57 of the Housing and Development Act [Cap. 129] or upon the termination of the tenancy or lease of the flat, the Board may, on a request in writing by the Town Council and notwithstanding section 58 of that Act, deduct such charges (including any interest and penalty thereon) remaining unpaid from any compensation, cash deposit and any other moneys in respect of the flat payable by the Board to the owner or tenant of the flat and, subject to the law relating to bankruptcy and all statutory charges, encumbrances and moneys due and payable to the Board, pay the amount so deducted to the Town Council as soon as practicable.Fines to be paid into the Town Council Fund43B. All fines imposed under this Act or any by-law made by a Town Council and all moneys collected by it under section 43E shall be paid into the Town Council Fund.Demand for particulars43C.—

A Town Council or any member or employee of a Town Council or any police officer who reasonably believes that any person has committed an offence under this Act or any by-law or rules made thereunder may require the person to furnish evidence of his identity and the person shall thereupon furnish such evidence of his identity as may be required by the police officer, the Town Council or its member or employee.(2) A Town Council may, subject to such conditions as it thinks fit, delegate to its managing agent or any employee of its managing agent the power under subsection (1); and any power so delegated may be exercised by such agent or employee, subject to the production of his authority when requested, in the name and on behalf of the Town Council.(3) Any person who refuses to furnish any information required of him by a Town Council, any member or employee of the Town Council, any police officer or any person to whom the power under subsection (1) has been delegated pursuant to subsection (2), or who wilfully mis-states such information, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.Liability of owners of vehicles for parking offences43D.—

When a parking offence is committed within a Town, the person who at the time of the commission of the offence is the owner of the vehicle in respect of which the offence is committed shall be guilty of an offence under any by-law made by the Town Council in all respects as if he were the actual offender guilty of the parking offence unless the court is satisfied that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used.(2) Nothing in this section shall affect the liability of the actual offender except that where a penalty has been imposed on or recovered from a person in relation to any parking offence, no further penalty shall be imposed on or recovered from any other person in relation thereto.(3) Notwithstanding subsection (1), no owner of a vehicle shall by virtue of this section be guilty of an offence if he —

within 7 days after service on him by a Town Council of a notice alleging that he has been guilty of the offence, furnishes by statutory declaration to the Town Council the name and address of the person who was in charge of the vehicle at all relevant times relating to the parking offence;

satisfies the Town Council that he did not know and could not with reasonable diligence have ascertained such name and address; or

satisfies the court that he did not know and could not with reasonable diligence have ascertained such name and address.(4) A statutory declaration made under subsection (3)(a) if produced in any proceedings against the person named therein and in respect of any parking offence shall be prima facie evidence that the person was in charge of the vehicle at all relevant times relating to the parking offence.(5) A statutory declaration which relates to more than one parking offence shall not be regarded as a statutory declaration under, or for the purposes of, subsection (3)(a).(6) In this section —“owner”, in relation to a vehicle, includes —

any person who has the use of the vehicle under a hirepurchase agreement but excludes the owner under any such agreement;

the person in whose name the vehicle is registered except where the person has sold or otherwise disposed of the vehicle and has complied with the rules made under the Road Traffic Act [Cap. 276] applicable to him in regard to such sale or disposal; and

in the case of a vehicle in respect of which a general licence is issued under section 28 of the Road Traffic Act, the person to whom the general licence is issued;“parking offence” means an offence of parking a vehicle or of causing or permitting a vehicle to stand, wait or be parked in contravention of any by-law made by a Town Council.Powers of composition43E. A Town Council may, in its discretion, compound any offence under this Act or any by-law made by it which is prescribed as a compoundable offence by collecting from the person reasonably suspected of having committed the offence a sum not exceeding $400.”.