1964_FIXED_PENALTY_(TRAFFIC_CONTRAVENTIONS)_ORDINANCE — Page 14

1989 Ed.] Fixed Penalty (Traffic Contraventions)

[CAP. 237

13

20B. Payment of fixed penalty after issue of summons

(1) Notwithstanding that proceedings have been instituted against a person who has notified the Commissioner of Police in accordance with the notice served on him under section 15(3), 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 56 of 1981 s. 10; 39 of 1984 s. 9)

(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 39 of 1984 s. 9)

(Added 59 of 1977 s. 15)

21. Evidence by certificate and presumptions

(1) A certificate in the prescribed form stating-

(a) that the person specified in it was at any particular time the registered owner or the driver, as the case may be, of a particular vehicle;

(b) that the address specified in it was at any particular time the registered address of such person or, in the case of a driver, the address where he normally worked; and

(c) that payment of the fixed penalty in respect of the contravention specified in any particular notice under section 15(3) was not made before the date specified in the certificate and, in the case of an application under section 16(2), that the person specified in it had not, before the date specified in the certificate, notified the Commissioner of Police that he wished to dispute liability for the contravention,

and 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 or applicant and---

(i) until the contrary is proved, it shall be presumed that the certificate is so signed;

(ii) the certificate shall be prima facie evidence of the facts stated therein. (Replaced 42 of 1971 s. 6. Amended 56 of 1981 s. 11)