【法规名称】
【法规编号】 68727 什么是编号？
【正 文】
第11页 CAP 556D MASS TRANSIT RAILWAY (TRANSPORT INTERCHANGE) BYLAW
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[接上页] (a) by post, to the Director of Accounting Services, the Treasury, Immigration Tower, 7 Gloucester Road; or (b) personally or through his agent- (i) at the Revenue Branch of the Treasury or at any sub-treasury; (ii) at any magistracy; or (iii) at any District Office, specified in the notice.(2) A person who wishes to pay the fixed penalty in accordance with subsection (1) shall deliver the notice to which the payment relates together with the payment. (3) When any payment is made in accordance with this section, it shall be of the amount specified in the notice or, where payment is made in respect of more than 1 notice, of the total amounts specified in the notices. (4) A payment under subsection (1) shall not include, or form part of, an amount in respect of a matter other than a matter specified in the notice or notices. (5) Where any amount is paid otherwise than in accordance with this section, the Director of Accounting Services may return it to the payer. (6) Subject to subsection (5), the Director of Accounting Services shall, whenever practicable to do so, send to the person paying a fixed penalty a receipt for the payment. (7) Subject to section 49, no payment shall be accepted after the time prescribed in the notice served under section 39. Cap 556D s 41 Withdrawal of notice of fixed penalty (1) Where a notice under section 39(3) has been served on any person, the Corporation 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 42(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is made, withdraw that notice, and may serve on that person a notice in writing informing him that the notice has been withdrawn. (2) Where a notice under section 39(3) had been withdrawn under this section and any sum of money has been paid pursuant to the notice, the Director of Accounting Services shall, on demand by the person on whom the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. Cap 556D s 42 Recovery of fixed penalty (1) Where a person on whom a notice under section 39(3) has been served has notified the Corporation, 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 Bylaw. (2) Where a person on whom a notice under section 39(3) has been served has not paid the fixed penalty and has not notified the Corporation, 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. (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 to the address where the driver normally works or resides.(5) In proceedings under subsection (1) or (2), the complaint or application shall be in the name of the Corporation but need not be signed. (6) The Corporation may appoint any person or class of persons to conduct the proceedings under subsections (1) and (2). Cap 556D s 43 Review of proceedings (1) Where a magistrate is satisfied that the notice mentioned in section 39(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 Corporation, rescind the order made under section 42(2) and- (a) if that person wishes to dispute liability for the contravention, order that the matter be determined in accordance with section 42(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.(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 42(2) came to the personal notice of the person to whom that order relates. (4) A magistrate may for good cause, on an application by the Corporation at any time, rescind any order for the payment of a fixed penalty and any other order made in the same proceedings. |
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