Liability of Tegistered
owner.
Notice and payment of fixed penalty.
tion (1) of section II which shall be thirty dollars or such larger amount as may be prescribed by the Legislative Council by resolution.
14. (1) Subject to subsection (2) of section 3, the person liable for the fixed penalty under section 13 shall be the registered owner for the time being of the motor vehicle when the contraven- tion is committed.
(2) In any proceedings for recovery of the fixed penalty it shall be no defence-
(a) that the contravention was committed without the knowl-
edge or consent of the registered owner; or
(b) that at the time the contravention was committed the motor vobicle was driven by or was in charge of a person other than the registered owner:
Provided that it shall be a good defence for the registered owner to prove that, at the time the contravention was committed, the motor vehicle was taken and driven away without his consent by a person other than a driver employed by him or was stolen.
15. (0) If a police officer reasonably suspects that a con- travention is being or has been committed, he may give the registered owner of the vehicle concerned or, where subsection (2) of section 3 applies, the driver liable an opportunity to discharge his liability in respect of that contravention by payment of a fixed penalty.
(2) For the purposes of subsection (1) notice in the prescribed form shall be delivered personally to the person in charge of the vehicle or fixed on the vehicle.
(3) If the fixed penalty is not paid within seven days after the date of a contravention, then, whether or not a notice was delivered or fixed under subsection (2), a notice demanding pay- ment of the fixed penalty for the contravention shall be served on the person liable:
Provided that no notice shall be served under this sub-
section-
(4) if the Commissioner of Police is of the opinion that no further proceedings should be taken in respect of a contravention; or
(b) after the expiry of six months from the date of a con-
travention.
9
(4) A notice under subsection (3) may be served by sending it by post-
(a) where it is directed to a registered owner, to his registered
address: or
(B) where it is directed to a driver under subsection (2) of section 3. to the address where the driver normally works.
(5) A notice under subsection (3) shall be in such form as may be prescribed and shall require the payment of the fixed penalty within twenty-one days after the date of the contravention or within ten days after the date of the notice, whichever is the later.
(6) A notice under subsection (3) shall be presumed to have been duly served on the production by the complainant to the magistrate of a certificate of posting in the prescribed form purporting to be signed by the Commissioner of Police.
16. (1) If the fixed penalty is not paid in accordance with a notice served under subsection (3) of section 15 the fixed penalty shall be recoverable summarily as a civil debt by complaint made to a magistrate.
(2) In proceedings under subsection (1) the complaint shall be in the name of the Attorney General, who may appoint any person or class of persons to conduct the proceedings.
Recovery of fixed penalty as civil debt.
DOL-
Service of
17. (1) A summons issued in any proceedings may, withstanding subsection (2) of section 8 of the Magistrates Ordinance, be served by sending it by post-
(a) where it is directed to a registered owner, to his
registered address; or
(6) where it is directed to a driver under subsection (2) of section 3, to the address where the driver normally works.
(2) Subject to subsection (2) of section 18, a summons under subsection (1) shall be presumed to have been duly served on the production by the complainant to the magistrate of a certificate of posting in the prescribed form purporting to be signed by the Commissioner of Police.
18. (1) If in any proceedings a person served with a summons under subsection (1) of section 17 does not appear before a magistrate at the time and place required in the summons, and service is proved under subsection (2) of that section, the magistrate shall proceed ex parte to the hearing of
summon. (Cap. 237)
Ex parte proceedings.