1989 Ed.]
Fixed Penalty (Traffic Contraventions)
[CAP. 237
9
(6) A certificate of posting in the prescribed form purporting to be signed by or for the Commissioner of Police shall be admitted in evidence without further proof on its production to the magistrate by the complainant and, until the contrary is proved, it shall be presumed that--
(a) the certificate is so signed; and
(b) the notice under subsection (3) to which the certificate relates was duly served. (Replaced 42 of 1971 s. 2. Amended 56 of 1981 s.4)
(7) For the purposes of subsection (1) and the form of notice referred to in subsection (2) "police officer" includes a member of the Royal Hong Kong Auxiliary Police Force and a traffic warden. (Added 47 of 1973 s. 2. Amended 50 of 1974 s. 3)
15A. Withdrawal of notice of fixed penalty
(1) Where a notice under section 15(3) has been served on any person, the Commissioner of Police may, at any time before the commencement of any proceedings against that person in respect of the contravention specified in the notice and whether or not an order under section 16(2) 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is made, withdraw that notice, and may serve on that person a notice in writing informing him that the notice has been withdrawn.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 56 of 1981 s. 5)
(2) Where a notice under section 15(3) had been withdrawn under this section and any sum of money has been paid pursuant to the notice, the Director of Accounting Services shall, on demand by the person on whom the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.
(Added 59 of 1977 s. 11)
16. Recovery of fixed penalty
(1) Where a person on whom a notice under section 15(3) has been served has notified the Commissioner of Police, in accordance with that notice, that he wishes to dispute liability, the matter shall be determined by a magistrate on complaint, in a summary way, in accordance with this Ordinance.
(2) Where a person on whom a notice under section 15(3) has been served has not paid the fixed penalty and has not notified the Commissioner of Police, in accordance with that notice, that he wishes to dispute liability for the contravention, a magistrate shall, on an application which may be made in the absence of that person, order him to pay the fixed penalty, together with an additional penalty equal to the amount of the fixed penalty, within 14 days of being served with notice of the order.
(3) Where an order is made under subsection (2) the magistrate shall cause notice of the order to be served on the person to whom it relates.
Page 10
Page 11
-
1989 Ed.]
Fixed Penalty (Traffic Contraventions)
[CAP. 237
9
(6) A certificate of posting in the prescribed form purporting to be signed by or for the Commissioner of Police shall be admitted in evidence without further proof on its production to the magistrate by the complainant and, until the contrary is proved, it shall be presumed that--
(a) the certificate is so signed; and
(b) the notice under subsection (3) to which the certificate relates was duly served. (Replaced 42 of 1971 s. 2. Amended 56 of 1981
$.4)
(7) For the purposes of subsection (1) and the form of notice referred to in subsection (2) "police officer" includes a member of the Royal Hong Kong Auxiliary Police Force and a traffic warden. (Added 47 of 1973 s. 2. Amended 50 of 1974 s. 3)
15A. Withdrawal of notice of fixed penalty
(1) Where a notice under section 15(3) has been served on any person, the Commissioner of Police may, at any time before the commencement of any proceedings against that person in respect of the contravention specified in the notice and whether or not an order under section 16(2) 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 56 of 1981 s. 5)
(2) Where a notice under section 15(3) had been withdrawn under this section and any sum of money has been paid pursuant to the 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.
(Added 59 of 1977 s. 11)
16. Recovery of fixed penalty
(1) Where a person on whom a notice under section 15(3) has been served has notified the Commissioner of Police, in accordance with that notice, that he wishes to dispute liability, the matter shall be determined by a magistrate on complaint, in a summary way, in accordance with this Ordinance.
(2) Where a person on whom a notice under section 15(3) has been served has not paid the fixed penalty and has not notified the Commissioner of Police, in accordance with that notice, that he wishes to dispute liability for the contravention, a magistrate shall, on an application which may be made in the absence of that person, order him to pay the fixed penalty, together with an additional penalty equal to the amount of the fixed penalty, within 14 days of being served with notice of the order.
(3) Where an order is made under subsection (2) the magistrate shall cause notice of the order to be served on the person to whom it relates.
Page 10Page 11
No comments yet.
Private notes are available after approval.