1964_FIXED_PENALTY_(CRIMINAL_PROCEEDINGS)_ORDINANCE — Page 9

CAP. 240]

Fixed Penalty (Criminal Proceedings)

[1989 Ed.

and purporting to be signed by or on behalf of the Commissioner of Police shall be admitted in any proceedings, or in any application under section 3A(1), 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. Payment of fixed penalty after issue of summons (Amended 57 of 1981 s. 7)

(1) Notwithstanding that proceedings have been instituted against a person who has notified the Commissioner of Police that he wishes to dispute liability, the defendant may pay the fixed penalty together with an additional penalty equal to the amount of the fixed penalty in accordance with subsection (2) and, if at the same time the defendant also pays to the court the sum of $70 by way of costs, the proceedings shall thereupon terminate. (Amended 57 of 1981 s. 8; 57 of 1984 s. 2)

(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 summons for his appearance; and the summons shall be produced at the time of payment.

(3) The Legislative Council may, by resolution, amend the sum specified in subsection (1). (Added 57 of 1984 s. 2)

9A. Additional penalty in proceedings on complaint

Where a person, having notified the Commissioner of Police, in accordance with a notice under section 3(3), that he wished to dispute liability for a scheduled offence or having been given leave under section 3B(1)(a) and having been served with a summons, does not appear before the court or, having appeared, offers no defence or a defence which is frivolous or vexatious, the magistrate shall, in addition to any other penalty and costs, impose an additional penalty equal to the amount of the fixed penalty for that offence. (Added 57 of 1981 s. 9. Amended 12 of 1984 s. 6)

10. Effect of non-payment of fines

(1) Where-

(a) proceedings are taken against a person who failed to pay the fixed penalty in accordance with a notice served on him under section 3(3) and that person is convicted of the offence specified in the notice but fails to pay immediately the fine imposed, any