TNAG-0452-FCO40-517-Legislation-for-employment-of-workers-in-Hong-Kong-1974 — Page 28

A384

Service of

summons.

(Cap. 227.)

(Cap. 8.)

Proceedings in absence of defend- ant.

Proof of

offence in absence of defendant. (Cap. 227.)

(Cap. 8.)

Ord. No. 64/74 FIXED PENALTY (CRIMINAL PROCEEDINGS)

(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 him 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.