Appeal fixed penalty case

Posted by kiwi_mum (114 days ago)

I read in the SCMP a few weeks ago that there is a case pending in the appeal court about fixed penalty notice.

Is it because you cannot incriminate yourself and you have a right to silence and not declare who was driving the car?

I am sure that the article said there was another date fixed for the appeal and that there are more cases pending.

Does anyone know anything about this? If I had since recieved a fixed penalty letter can I appeal as well?

(I am based in Hong Kong)

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Posted by evildeeds (113 days ago)

My advice if you have received a fixed penalty notice is just pay it first. There will always be people trying to get around it and nothing has been decided yet. So why risk a higher fine and penalty?

(I am based in Hong Kong)

Posted by alcheng (113 days ago)

I agree with evildeeds, just pay the ticket first and work your way around it once a decision has been made. You'll have to clear all your penalties anyway once your vehicle registration needs renewal.

(I am based in Hong Kong)

Posted by kiwi_mum (110 days ago)

thanks for the advice!

(I am based in Hong Kong)

Posted by 190k (109 days ago)

I don't think anyone answered your question about self incrimination. Last year it was held in the Eurpoean Court of Human Rights that identifying yourself as the driver of a vehicle that commited a traffic offence is not against your right to silence and protection against self-incrimination. This is because the court held that at the time you became the owner of the vehicle you have certain obligations which include the requirement to identify the driver. This is because it will be beneficial to society as a whole to remove these rights of protection.

(I am based in Hong Kong)