1989 Ed.]
Fixed Penalty (Criminal Proceedings)
[CAP. 240
7
6. Proceedings in absence of defendant
(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. Proof in absence of defendants
(1) Notwithstanding any provisions of the Magistrates Ordinance (Cap. 227), in any application under section 3A(1) or in any proceedings heard under section 6 in the absence of the defendant, an order under section 3A(1) shall be made upon, or the substance of the offence may be proved by, the production by the applicant or 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 (Cap. 8); and
(b) a certificate under section 8.
(2) Where, in any proceedings heard under section 6, a person is convicted, the court shall cause notice of the conviction to be served on that person.
(3) Notice of the conviction may be served by sending it by post to the registered address of the person to be served.
(Replaced 57 of 1981 s. 6)
8. Evidence by certificate
A certificate in the prescribed form stating —
(a) that the person specified in it was at the time so specified either the registered owner of the vehicle, or the holder of the driving licence, so specified;
(b) that the address specified in it was at the time so specified the registered address of such person;
(c) that payment of the fixed penalty in respect of the scheduled offence was not made before the date specified in the certificate; and
(d) in the case of an application under section 3A(1), that the person specified in it had not, before the date specified in the certificate, notified the Commissioner of Police that he wished to dispute liability for the offence,
(Added 57 of 1981 s. 7)
1989 Ed.]
Fixed Penalty (Criminal Proceedings)
[CAP. 240
7
6. Proceedings in absence of defendant
(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.
Proof in absence of defendants
(1) Notwithstanding any provisions of the Magistrates Ordinance (Cap. 227), in any application under section 3A(1) or in any proceedings heard under section 6 in the absence of the defendant, an order under section 3A(1) shall be made upon, or the substance of the offence may be proved by, the production by the applicant or 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 (Cap. 8); and
(b) a certificate under section 8.
(2) Where, in any proceedings heard under section 6, a person is convicted, the court shall cause notice of the conviction to be served on that
person.
(3) Notice of the conviction may be served by sending it by post to the registered address of the person to be served.
(Replaced 57 of 1981 s. 6)
8.
Evidence by certificate
A certificate in the prescribed form stating-
(a) that the person specified in it was at the time so specified either the registered owner of the vehicle, or the holder of the driving licence, so specified;
(b) that the address specified in it was at the time so specified the
registered address of such person;
(c) that payment of the fixed penalty in respect of the scheduled offence was not made before the date specified in the certificate; and
(d) in the case of an application under section 3A(1), that the person specified in it had not, before the date specified in the certificate, notified the Commissioner of Police that he wished to dispute liability for the offence, (Added 57 of 1981 s. 7)
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