1964_FIXED_PENALTY_(TRAFFIC_CONTRAVENTIONS)_ORDINANCE — Page 11

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CAP. 2371

Fixed Penalty (Traffic Contraventions)

[1989 Ed.

(4) Notice of the order made under subsection (2) may be served by sending it by post-

(a) where it is directed to a registered owner, to his registered address; or

(b) where it is directed to a driver under section 3(2), to the address where the driver normally works.

(5) In proceedings under subsection (1) or (2), the complaint or application shall be in the name of the Attorney General but need not be signed. (Replaced 11 of 1984 s. 2)

(6) The Attorney General may appoint any person or class of persons to conduct the proceedings under subsections (1) and (2). (Added 11 of 1984 s. 2)

(Replaced 56 of 1981 s. 6)

16A. Review of proceedings

(1) Where a magistrate is satisfied that the notice mentioned in section 15(3) has not come to the personal notice of the person liable without any neglect by that person, the magistrate may, on an application of which reasonable notice has been given to the Commissioner of Police, rescind the order made under section 16(2) and-

(a) if that person wishes to dispute liability for the contravention, order that the matter be determined in accordance with section 16(1); or

(b) if he does not wish to dispute liability-

(i) order him to pay the fixed penalty within 10 days of the order; and

(ii) order that, if he fails to pay that fixed penalty within that period, he shall be liable to pay immediately that fixed penalty, together with an additional penalty equal to the amount of the fixed penalty. (Replaced 11 of 1984 s. 2)

(2) An application under subsection (1) may be made in person or by counsel or solicitor and the magistrate, for the purpose of securing the attendance of witnesses and generally for conducting the proceedings, shall have all the powers of a magistrate hearing a complaint under the Magistrates Ordinance (Cap.227).

(3) An application under subsection (1) shall be made within 14 days of the date which the magistrate is satisfied is the earliest date on which the order mentioned in section 16(2) came to the personal notice of the person to whom that order relates. (Added 11 of 1984 s. 2)

(4) A magistrate may for good cause, on an application by the Commissioner of Police at any time, rescind any order for the payment of a fixed penalty and any other order made in the same proceedings. (Added 11 of 1984 s. 2)