1955-HKRS28-8-22_Part03 — Page 38

Second Schedule.

Plea of guilty and payment of fine. (Cap. 227).

Procedure.

"prescribed form" means the form set

Schedule:

out in the Second

"scheduled offence" means any offence specified in the first

column of the First Schedule.

3. (1) Notwithstanding anything contained in the Magis- trates Ordinance, where a summons to the prescribed form is issued to any person in respect of any scheduled offence, such person may, subject to the provisions of this Ordinance and not later than twenty-four hours before the date specified in the summons for the hearing of the charge, plead guilty to such offence and pay the prescribed fine therefor in the manner here- inafter provided.

(2) Where any such person does not elder so plead guilty to such offence in accordance with the provisions of subsection (1), such summons shall take effect and be heard and determined in all respects as if this Ordinance had not been enacted.

4. (1) Any person to whom any such summons has been issued who desires to plead guilty to the offence referred to in the summons in accordance with the provisions of this Ordinance shall

(a) complete and sign his name in the appropriate form

provided on the summons; and

(b) deliver the summons together with a sum in cash equal to the prescribed fine for such offence by messenger or in person to the magistrates' clerk of the magistracy where the summons was issued.

(a) On delivery to the magistrates' clerk of the summons duly completed and signed by such person, and of the prescribed fine, a receipt shall be issued therefor and thereupon such person shall be deemed to have been convicted by the magistrate by whom the summons was issued in accordance with the provisions (Cap. 227), of the Magistrates Ordinance of the offence referred to in the

Amount of fine.

summons.

5. Notwithstanding that any greater penalty is specified for any scheduled offence by any enactment, the penalty for any such offence shall, where the person charged pleads guilty there- to in accordance with the provisions of this Ordinance, be the prescribed fine for such offence.

6.

Subject to the provisions of section 9, every summons Form of issued in respect of a scheduled offence shall be in the prescribed Sammons. form and shall be in respect of one scheduled offence only and of no other offence.

7.

The Governor in Council may by order amend the First Power to Schedule:

Provided that-

(a) no indictable offence shall be included therein; and (b) the prescribed fine for any scheduled offence shall not exceed the maximum fine specified for such offence by any enactment.

$.

amend First Schedule.

The procedure prescribed by subsection (5) of section 18 Section of the Magistrates Ordinance shall not be applicable in the case 18(6) of

the Magis. of any scheduled offence in respect of which a summons in the trates prescribed form is issued.

Ordinance not applicable. (Cap. 227).

attendance

magistrate.

9. (1) The Attorney General, the Coramissioner of Police Power to or any officer authorized by the Commissioner of Police in equire writing for the purpose of this section may make application in before a writing to the magistrate before whom an information in respect of a scheduled offence is laid at the time when such information is so laid that such information shall, notwithstanding anything contained in this Ordinance, be heard and determined before a magistrate.

(2) This Ordinance shall not apply in any case in which any such application is made, and the information shall, in any such case, be dealt with in accordance with the provisions of the Magistrates Ordinance.

(Cap. 227),

10. The provisions of the Magistrates Ordinance shall apply Application in every case in which an information in respect of

of the a scheduled

Magia- offence is laid before a magistrate except in so far as such trates provisions are inconsistent with the provisions of this Ordin- Ordinance

(Cap. 227). ance, and where, under this Ordinance any person is deemed to have been convicted by a magistrate of an offence, the provisions of the Magistrates Ordinance shall apply as if such conviction had been made by the magistrate in accordance with the provi- sions of that Ordinance.