1964_FIXED_PENALTY_(TRAFFIC_CONTRAVENTIONS)_ORDINANCE — Page 12

1989 Ed.] Fixed Penalty (Traffic Contraventions)

[CAP. 237

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(5) 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 from the date of that order. (Added 11 of 1984 s. 2)

(Added 56 of 1981 s. 6)

17. Service of summons

(1) A summons issued in any proceedings under section 16(1) may, notwithstanding section 8(2) of the Magistrates Ordinance (Cap. 227), 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. (Amended 56 of 1981 s. 7)

(2) 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 summons under subsection (1) to which the certificate relates was duly served. (Replaced 42 of 1971 s. 3. Amended 59 of 1977 s. 12; 56 of 1981 s. 7)

18. Proceedings in the absence of the defendant

(1) Where at the time and place appointed for the hearing or adjourned hearing of a complaint a person served with a summons under section 17(1) does not appear before the magistrate, the magistrate may, subject to subsection (2), proceed to the hearing of the complaint and adjudicate thereon as fully and effectually to all intents and purposes as if such person had personally appeared before him in obedience to the summons.

(2) The magistrate shall not begin to hear the complaint in the absence of the defendant unless-

(a) service is proved under section 17(2); or

(b) the defendant has appeared on a previous occasion to answer to the complaint.

(3) Notwithstanding section 17(2), for the purposes of subsection (2) a summons shall be deemed not to have been served unless service was effected within what is deemed by a magistrate to be a reasonable time before the time appointed in the summons for appearing thereto. (Replaced 59 of 1977 s. 13)