Sepeal and renticement el saction 18.
13. Section 18 of the principal Ordinance is repealed and replaced by the following-
"Proceeding
La the absence of the
defendant.
18 (1) Where at the time and place appointed for the hearing or adjourned bearing of a complaint a person served with a summons under section 17(1) does not appear before the magistrate, the magistrate may, subject to subsection (2), proceed to the hearing of 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 summons.
(2) The magistrate shall not begin to bear the complaint in the absence of the defendant unics-
(a) service is proved under section 17(2); or
(b) the defendant has appeared on a previous occasion
to answer to the complaint
(3) Notwithstanding section 17(2), for the purposes of subsection (2) a summons shall be deemed not to have been served unless service was effected within what is deemed by a magistrate to be a reasonable time before the time appointed in the summons for appearing thereto.",
14.
Section 19 of the principal Ordinance is amended-
sectiçin. 19.
(a)
by deleting "ex parte": and
Addition of
new seccleas 30A and 208.
Aadeadnicat pi section 21.
(b) by inserting after "section 18" the following-
"in the absence of the defendant,".
15. The principal Ordinance is amended by adding after section 20 the following new sections
"Dkrondo- UBIC of Complaint,
Paytmeat ot Axed penalty alter ue of $LIST
20A. The complainant may, without the leave of the magistrate, discontinue a complaint against a defendant at any stage of the proceedings on giving notice in writing to the defendant and to the magistrate concerned.
308. (1) Notwithstanding that proceedings have been instituted against a person who has failed to pay the Axed penalty in accordance with a notice served on him under Section 15(3), the defendant may pay the fixed penalty in accordance with subsection (2), and, if at the same time the defendant also pays to the court the sum of $15 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 72 hours before the time specified in the summets for his appearance; and the summons shall be produced at the time of payment.".
16 Section 21 of the principal Ordinance is amended by inserting after subsection (2) the following new subsection-
(2A) in any proceedings in respect of a contravention of section 9 any sign, being a sign in accordance with a diagram in (Cap. 120, the First Schedule to the Road Traffic (Parking and Waiting) mub Regulations, erected in any place shall be deemed to have been lawfully erected until the contrary is proved, and the fact that such a sign differs slightly in size, colour of type from a sign
5
prescribed in the sald First Schedule shall not affect the validity of such sign so long as the general appearance of the sign is not thereby materially Impaired.".
17. Section 22 of the principal Ordinance is amended-
(a) by deleting subsections (2) and (3) and substituting the following-
"(2) If at the conclusion of any proceedings an order for payment of the fixed penalty is made, the magistrate- (a) may at the same time make an order for the pay- ment of costs by the defendant of not less than $20 or more than $400; and
FCøp. 220. b. ker.)
(b) shall at the time make an order, in respect of the motor vehicle of which the defendant is the registered owner and which is the subject matter of the com- plaint, directing the Commissioner, so long as the defendant fails to pay the sum adjudged to be paid on expiry of 24 hours from the making of the order-
(1) to take no action under regulation 13(3), (4) or (5) of the Road Traffic (Registration and Licens ing of Vehicles) Regulations on receipt of any notice of transfer of ownership of the motor vehicle; and (i) to refuse to license the motor vehicle under regulation 19(2A) (7) or (8) of the Road Traffic (Registration and Licensing of Vehicles) Regulations. (3) An order under subsection (2)(b) shall specify--- (a) the name of the defendant;
(6) the registration mark of the motor vehicle; and (c) the sum adjudged to be paid.":
(B) by inserting after subsection (3) the following new subsection— "(3A) Where an order under subsection (2)(5) is made, the magistrate shall cause notice of the order to be sent là the Commissioner if the sum adjudged to be paid is not paid within 24 hours of the making of the order."; and
(c) in subsection (4)–—–—–—–
by deleting "which is served on the Commissioner"; and (ii) in paragraph (6) by inserting before "valid" in the second place where it occurs the following-
"notice of a*,
Auneadment of Section 22.
18. Section 23 of the principal Ordinance is repealed and replaced Repeal and by the following-
"Dance f cases of
defaut.
23 If a defendant fails within month to pay any sum adjudged to be paid the complainant may apply in the absence of the defendant to a magistrate for an order directing that--
(a) the sum adjudged to be paid, or where an applica- tion for an order under this section is in respect of more than one sum adjudged to be paid, "the total of such sums: and
replacement
at section 23.
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