1964_FIXED_PENALTY_(TRAFFIC_CONTRAVENTIONS)_ORDINANCE — Page 13

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CAP. 237

Fixed Penalty (Traffic Contraventions)

[1989 Ed.

19. Proof in proceedings under section 16 or 18

Notwithstanding any provisions of the Magistrates Ordinance (Cap. 227), in any application under section 16(2) or in any proceedings under section 18 in the absence of the defendant, an order under section 16(2) shall be made upon, or the substance of the complaint may be proved by, the production by the applicant or complainant to the magistrate of-

(a) a copy of the notice served under section 15(3) together with a certificate of posting under subsection (6) of that section; and (b) a certificate under section 21(1).

20. Hearing of complaint

(Replaced 56 of 1981 s. 8)

(1) A defendant shall, if he is present at a hearing and does not admit the truth of a complaint, be forthwith required to state the nature of his defence and if he does not at that stage expressly put in issue any allegation of fact contained in a certificate produced under section 21(1) he shall not thereafter be permitted to dispute or adduce evidence to contradict any such fact contained in the certificate. (Amended 42 of 1971 s. 5}

(2) If a defendant has put in issue any allegation of fact in accordance with subsection (1), a magistrate may proceed to the hearing of the complaint and adjudicate thereon or may adjourn the proceedings and may issue a summons for the appearance of any witness.

(3) Where a person served with a summons in proceedings under section 16(1) does not appear before the magistrate or, having appeared, offers no defence or a defence which is frivolous or vexatious, the magistrate shall order that person to pay the fixed penalty together with an additional penalty equal to the amount of the fixed penalty. (Added 56 of 1981 s. 9)

(4) Where an order is made in proceedings under section 18, the magistrate shall cause notice of the order to be served on the defendant. (Added 56 of 1981 s. 9)

(5) Notice of the order made in any proceedings under section 18 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. (Added 56 of 1981 s. 9)

20A. Discontinuance of complaint

The complainant may, without the leave of the magistrate, discontinue a complaint against a defendant at any stage of the proceedings on giving notice in writing to the defendant and to the magistrate concerned.

(Added 59 of 1977 s. 15)