FIXED PENALTY (CRIMINAL PROCEEDINGS)

8.

Ord. No. 64/74

A385

A certificate in the prescribed form stating- (a) that the person specified in it was at the time so specified either the registered owner of the vehicle, or the holder of the driving licence, so specified;

(b) that the address specified in it was at the time so specified the registered address of such person; and

(c) that payment of the fixed penalty in respect of the scheduled offence was not made before the date specified

in the certificate,

and purporting to be signed by or on behalf of the Commissioner of Police shall be admitted in any proceedings on its production without further proof and—

(i) until the contrary is proved, the court shall presume that

the certificate was so signed; and

(ii) the certificate shall be prima facie evidence of the facts

stated therein.

Evidence by certificate.

fixed penalty after issue of summons.

9. (1) Notwithstanding that proceedings have been instituted Payment of against a person who has failed to pay the fixed penalty in ac- cordance with a notice served on him under section 3(3), the defendant may pay the fixed penalty in accordance with subsection (2) and, if at the same time the defendant also pays to the court the sum of twenty-five dollars by way of costs, the proceedings shall thereupon terminate.

(2) Payment under subsection (1) shall be made to the court before which the defendant is required to appear not less than seventy-two hours before the time specified in the summons for his appearance; and the summons shall be produced at the time of payment.

10. (1) Where proceedings are taken against a person who failed to pay the fixed penalty in accordance with a notice served on him under section 3(3) and that person-

Effect of non-

payment of fines.

(a) is convicted of the offence specified in such notice; and (b) fails to pay the fine imposed, and any costs ordered to

be paid under the Magistrates Ordinance, within twenty- (Cap. 227.) four hours,

the Commissioner shall, notwithstanding anything in the Road (Cap. 220.) Traffic Ordinance, where practicable—

(i) refuse to issue a driving licence to that person or refuse

to renew his driving licence;

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