1953-HKRS29-8-20_Part04 — Page 7

(b) within fourteen days of the commission of the offence he was either charged before a magistrate or a summons for the offence was served on him; or

(c) within the said fourteen days a notice of the intended prosecution specifying the nature of the alleged offence and the time and the place where it is alleged to have been committed was served on, or sent by registered post to, him or the person registered as the owner of the vehicle at the time of the commis sion of the offence:

Provided that-

(a) failure to comply with the requirements of this section shall not be a bar to the conviction of the accused in any case where the court or magistrate is satisfied that-

() neither the name and address of the accused nor the name and address of the registered owner of the vehicle could with reasonable diligence have been ascertained in time for a summons to be served or for a notice to be served or sent as aforesaid; or

(ii) the accused by his own conduct contributed to the failure; and

(b) the requirements of this section shall in every case be deemed to have been complied with unless and until the contrary is proved.

(2) Where a person is prosecuted under any regulation made under this Ordinance for an offence alleging that he has driven a vehicle in excess of the speed permitted in respect of that vehicle or in respect of a particular place, he shall not be convicted unless he was warned reasonably soon after the offence was committed that the question of prosecuting him would be taken into con- sideration."

Passed the Legislative Council of Hong Kong, this 30th day of December, 1953.

HOME KINE

No. 44 OF 1953.

I assent.

Милиони

[OVETROT.

30th December, 1953.

An Ordinance to amend the Urban Council Ordinance, Chapter

[31st December, 1953-]

101.

Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows-

1. This Ordinance may be cited as the Urban Council Short title. (Amendment) (No. 2) Ordinance, 1953.

2. Section 3 of the Urban Council Ordinance is amended- Amend-

ment of

(a) by the deletion from subsection (3A) of the words section 3.

(Cap. 101). "either part" and the substitution therefor of the following-

(Secretariat 31/3231/53)

Deputy Cle of Councils.

"the first or second part";