1964_FIXED_PENALTY_(CRIMINAL_PROCEEDINGS)_ORDINANCE — Page 7

CAP. 240] Fixed Penalty (Criminal Proceedings)

[1989 Ed.

(6) Where a magistrate makes an order under subsection (1)(a), proceedings may be taken, notwithstanding section 26 of the Magistrates Ordinance (Cap. 227), within 6 months of the date of that order. (Added 12 of 1984 s. 3)

(Added 57 of 1981 s. 3)

4.

Withdrawal of fixed penalty notices

(1) Where a notice under section 3(1) or (3) has been served on any person, the Commissioner of Police may, at any time before the commencement of proceedings against that person in respect of the scheduled offence specified in the notice, and whether or not an order under section 3A(1) has been applied for, but before such order is made, withdraw that notice, and may serve on that person a notice in writing informing him that the notice has been withdrawn. (Amended 12 of 1984 s. 4)

(2) Where a notice under section 3(1) or (3) has been withdrawn under this section and any sum of money has been paid pursuant to that notice, the Director of Accounting Services shall, on demand by the person on whom the notice was served, repay to that person the sum so paid. (Amended L.N. 16 of 1977)

(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. Service of summons

(1) Where-

(a) a person fails to pay the fixed penalty in accordance with a notice served on him under section 3(3); and

(aa) he notifies the Commissioner of Police that he wishes to dispute liability for the offence or he is given leave under section 3B(1)(a); and (Added 57 of 1981 s. 5. Amended 12 of 1984 s. 5)

(b) proceedings are taken against him in respect of the scheduled offence specified in the notice,

then, notwithstanding section 8 of the Magistrates Ordinance (Cap. 227), 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 (Cap. 8); 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.