【法规名称】
【法规编号】 68727 什么是编号？
【正 文】
第12页 CAP 556D MASS TRANSIT RAILWAY (TRANSPORT INTERCHANGE) BYLAW
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[接上页] (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. Cap 556D s 44 Service of summons (1) A summons issued in any proceedings under section 42(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, to the address where the driver normally works or resides.(2) A certificate of posting in accordance with Form 4 of Schedule 3 purporting to be signed by or for the Corporation 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. Cap 556D s 45 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 44(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 44(2); or (b) the defendant has appeared on a previous occasion to answer to the complaint.(3) Notwithstanding section 44(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. Cap 556D s 46 Proof in proceedings under section 42 or 45 Notwithstanding any provisions of the Magistrates Ordinance (Cap 227), in any application under section 42(2) or in any proceedings under section 45 in the absence of the defendant, an order under section 42(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 39(3) together with a certificate of posting under subsection (8) of that section; and (b) a certificate under section 50. Cap 556D s 47 Hearing of complaint (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 50 he shall not thereafter be permitted to dispute or adduce evidence to contradict any such fact contained in the certificate. (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 42(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. (4) Where an order is made in proceedings under section 45, the magistrate shall cause notice of the order to be served on the defendant. (5) Notice of the order made in any proceedings under section 45 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. Cap 556D s 48 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. Cap 556D s 49 Payment of fixed penalty after issue of summons (1) Notwithstanding that proceedings have been instituted against a person who has notified the Corporation in accordance with the notice served on him under section 39(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 referred to in subsection (4) by way of costs, the proceedings shall thereupon terminate. (2) Payment under subsection (1) shall be made to any magistracy not later than 2 clear working days before the day specified in the summons for his appearance, and the summons shall be produced at the time of payment. |
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