Proof of complaint in ex parte proceedings. (Cap. 227.)
Hearing of complaint.
Evidence by certificate and presumptions-
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the complaint and adjudicate thereon as fully and effectually to all intents and purposes as if such person had personally appeared before him in obedience to the sumINIONS,
(2) Notwithstanding subsection (2) of section 17, for the purposes of subsection (1) a summons shall be deemed not to have been served unless service was effected within what is decmed by a magistrate to be a reasonable time before the time appointed in the summons for appearing thereto.
19. Notwithstanding any provisions of the Magistrates Ordinance, in any ex parte proceedings under section 18 the substance of a complaint may be proved by the production by the complainant to the magistrate of—
(a) a copy of the notice served under subsection (3) of section 15 together with a certificate of posting under subsection (6) of that section:
(b) a certificate under paragraph (0) of subsection (1) of
section 21; and
(c) a certificate under paragraph (b) of subsection (1) of
section 21.
20. (1) A defendant shall, if he is present at a bearing and does not admit the truth of a complaint, be forthwith required to state the nature of his defence and if he does not at that stage expressly put in issue any allegation of fact contained in a certificate produced under paragraph (@) or (5) of subsection (1) of section 21 he shall not thereafter be permitted to dispute or adduce evidence to contradict any such fact contained in the certificate.
(2) If a defendant has put in issue any allegation of fact in accordance with subsection (1), a magistrate may proceed to the hearing of the complaint and adjudicate thereon or may adjourn the proceedings and may issue a summons for the appearance of any witness.
21. (1) In any proceedings a certificate purporting to be signed by the Commissioner and stating-
(a) that the person specified in it was at any particular time the registered owner of a particular motor vehicle;
or
(5) that payment of the fixed penalty in respect of the con- travention specified in any particular notice was not made before the date specified in the certificate, shall be prima facie evidence of the facts stated therein.
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(2) In any proceedings in respect of a contravention of section 5 or 6 the crossing in question shall be presumed at the relevant time to have been established and delineated in accord- ance with the provisions of the Road Traffic (Road Crossing) Regulations unless the contrary is proved.
(3) In any proceedings in respect of a contravention of section 10 or 11 the parking meter in question shall be presumed at the relevant time to have been of such design and construction as shall have been approved by the Commissioner and to have been maintained to his satisfaction unless the contrary is proved.
22. (1) If at the conclusion of any proceedings a complaint is dismissed, the magistrate may at the same time make an order for the payment of costs by the complainant of not less iban twenty dollars or more than four hundred dollars.
(2) If at the conclusion of any proceedings an order for payment of the fixed penalty is made, the magistrate sball at the same time make-
(a) an order for the payment of costs by the defendant of not less than twenty dollars or more than four hundred dollars; and
(b) an order, in respect of the motor vehicle of which the defendant is the registered owner and which is the subject matter of the complaint, directing the Com- missioner, so long as the defendant fails to pay the sum adjudged to be paid on expiry of twenty-four hours from the making of the order,
(i) to take no action under paragraph (3), (4) or (5)
(Cap. 220, rub, leg.)
Other orders
al conclusion of proceedings.
of regulation 13 of the Road Traffic (Registration and (Cxp. 190, mub. leg.) Licensing of Vehicles) Regulations on receipt of any notice of transfer of ownership of the motor vehicle; and
(ii) to refuse to license the motor vehicle under paragraph (2A), (7) or (8) of regulation 19 of the Road Traffic (Registration and Licensing of Vehicles) Regula- tions.
(3) An order under paragraph (b) of subsection (2)- (a) shall specify-
(i) the name of the defendant;
(ii) the registration mark of the motor vehicle; and (iii) the sum adjudged to be paid; and
(b) shall be served on the Commissioner if the sum adjudged to be paid is not paid within twenty-four hours of the making of the order.
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