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MTR Fine: Court Summons for non-payment

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  1. #1

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    MTR Fine: Court Summons for non-payment

    Hullo all,

    After a bit of googling around I thought I'd post here to see if anyone else has experienced similar.

    5 months ago I was taking a tram near Tuen Mun and I had hopped on the tram without buying a ticket - I have some flimsy excuse for this but, meh, I didn't have a ticket. Anyhow, I was issued a fine, what they euphemistically term a "surchage" of $275 and that was that. I didn't think about it too much and within a day or so I had misplaced the bit of paper and then within 3 or 4 days forgotten about it completely. I did think about it at some time further on but I just expected I might get some sort of reminder in the post to pay up... but no, that would be far too simple...

    Fast forward to today when to my great surprise I found a summons to appear at Tuen Mun Magistrates Court in a months time...

    The Summons reads as follows: "Information has been laid THAT YOU did fail to make payment of a surcharge payable under by-law 6(2) of Mass Transit Railway (North-west Railway) Bylaw within 14 days after service of a notice in writing upon you on xx-xx-2016 at Light Rail xxxxx Stop demanding payment of the surcharge. Contrary to: Bylaws 8 (3) and 40 and schedule of the Mass Transit Railway (North-west Railway) Bylaw mad under the MTR Ordinance, Cap.556. This summons therefore requires you to appear on XX-XX-2016 at XXXXam in Court xx at Tuen Mun Magistrates court before the magistrate presiding there to answer to the information and to be further dealt with according to law. Personal appearance is required, even if you intend to plead guilty."

    What a mouthful huh? I checked the relevant bylaw and yes, it is an offence carrying a penalty of $5,000 for bylaw 8 (3) and $5,000 for bylaw 40. What should I expect when I turn up at the court? I'm guessing that there will be a long line of other people in the same boat as I, right? Or is it that my case was chosen, at random presumably, from a pile of people who failed to pay the surcharge in time? Is it that the MTR can make $$$$'s off me by prosecuting me instead of just sending me a reminder to pay notice? Will I be penalized $10,000?!? or will I be penalized a portion of that ammount? What usually happens?

    The letter comes straight from the magistrates court, ah, should I contact MTR and try to pay the surcharge now so that by the time the court date comes along I canat least have that done? Which MTR office do I contact? I guess that I can Google. It just worries me a bit that when I Google my situation, I don't see any other instances of people being issued summonses over failure to pay an LRT surcharge within 14 days, which does not fill me with confidence. When I plead guilty will this leave me with a criminal record or something? Will it affect any further work-visa applications as I'm currently between work-visas and looking for a new job? And why can I not find any info online about this? It can't be a new thing, it just seems surprising to summon me to court to plead guilty and have a magistrate fine me without me receiving even a single reminder notice through the post.

    Does anyone here have any insight into my situation or any advice to give me regarding this?

    Regards,
    Walther


  2. #2

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    My advise would be to really , really appear in court.

    PS: I presume the penalties are maximum penalties, so, relax.

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  3. #3

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    Go to court, plead guilty, don't make excuses, take it like a man.


  4. #4

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    I presume you mean "LRT" not TRAM in your second para.

    These are not criminal offences - civil.

    I don't see any other instances of people being issued summonses over failure to pay an LRT surcharge within 14 days, which does not fill me with confidence.
    Presumably because most people will pay off the fines. The fine by itself is "cheap".

    I don't think they send reminders for these notices, or parking tickets / speeding offenses, as most of the info including penalties is outlined on the initial ticket.

    Throw yourself at the mercy of the court and see what happens. No way to get excused from the offence, best you can hope is some pity and minimal penalties from the magistrate, even though I don't think they have any leeway. The amount is the max - not sure what the rate card is for first offence.

  5. #5

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    Let me check ...

    You've made me doubt what I thought was correct.


  6. #6

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    Go to court. Look contrite. Pay up.

    You decided to ignore the demand. Now you get to pay your "stupid tax".

    Last edited by Claire ex-ax; 31-10-2016 at 03:34 PM.
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  7. #7

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    - What do you think? Civil or Criminal?

    (2) Any sum leviable by or payable to the Corporation under these by-laws or howsoever otherwise (including, without limitation, any fare, excess fare or surcharge) whether by way of debt, damages, costs, loss, expense or otherwise shall be receivable by the Corporation or its lawful agents as a debt due on demand and shall be enforceable as a civil debt.

    http://www.mtr.com.hk/en/customer/main/mtr_by_laws.html

  8. #8

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    Original Post Deleted
    Was not aware that they sent reminders. How nice of them.

    No clue how the MTR works - I assume they're the ones issuing the fine not the HKSAR govt.

  9. #9

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    Quote Originally Posted by Walther:
    Lot of blah
    As it has already gone to a court summon, paying the surcharge will not begin to cover the costs.

    The reason you can't find much info of people in the same situation as you is because the majority of the number of people in HK that will normally write in Chinese here.
    shri likes this.

  10. #10

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    Quote Originally Posted by shri:
    - What do you think? Civil or Criminal?



    http://www.mtr.com.hk/en/customer/main/mtr_by_laws.html
    25 Passenger causing a nuisance $5,000 fine

    Would cutting toenails come under this?


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