5
Service of Summona
(Cap. 227.)
(Cap. 1)
Proceedings in absence of defend- art.
Proof of offence in absence of defendant. (0 1273
(CA) B
(2) Where a notice under section 3(1) or (3) has been with- drawn under this section and any sum of money has been paid pursuant to that notice, the Accountant General shall, on demand by the person on whom the notice was served, repay to that person the sum so paid.
(3) The withdrawal of a notice under section 3(1) or (3) shall not be a bar to any proceedings in respect of the scheduled offence specified in the notice.
5.
(1) Where-
(a) a person fails to pay the fixed penalty in accordance with
a notice served on bim under section 3(3); and
(b) proceedings are taken against him in respect of the
scheduled offence specified in the notice,
then, notwithstanding section 8 of the Magistrates Ordinance, a summons issued in those proceedings may be served on the person named therein by sending it by post to the registered address of that person.
(2) Upon the production by the prosecution of (a) a certificate of posting of that summons under section
29 of the Evidence Ordinance; and
(b) a certificate under section 8.
it shall, subject to section 6(2), be conclusively presumed that the summons under subsection (1) to which the certificates relate was duly served.
6. (1) If a person served with a summons under section 5 does not appear before the court at the time and place required by the summons and service is proved under section 5(2), the court may hear and determine the case in the absence of the defendant.
(2) For the purposes of subsection (1), a summons shall be deemed not to have been served unless service was effected at a reasonable time before the time appointed in the summons for the appearance of the defendant before the court.
7. Notwithstanding anything in the Magistrates Ordinance. in any proceedings heard under section 6 in the absence of the defendant, the substance of the offence may be proved by the production by the prosecution of--
(a) a copy of the notice served under section 3(3) and a certificate of posting of that notice under section 29
of the Evidence Ordinance; and
(b) a certificate under section 8.
8.
A certificate in the prescribed form stating-
Evidence by certificate.
(a)
that the person specified in it was at the time sa specified either the registered owner of the vehicle, or the holder of the driving licence, so specified;
(6) 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.
9.
(1) Notwithstanding that proceedings have been instituted Payment of agaiust
fixed person who has failed to pay the fixed penalty in ac- cordance with a notice served on him under section 3(3), the after issue
penalty
defendant may pay the fixed penalty in accordance with subsection of summons. (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 Effect of failed to pay the fixed penalty in accordance with a notice served non-
payment on him under section 3(3) and that person-
of Ônes.
(b)
(a) is convicted of the offence specified in such notice; and 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 (p. 2200 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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