【法规名称】
【法规编号】 79669 什么是编号？
【正 文】
第3页 CAP 283C HOUSING (TRAFFIC CONTRAVENTIONS) (FIXED PENALTY) BYLAW
|
[接上页] (2) Where a notice under section 8(3) had been withdrawn under this section and any sum of money has been paid pursuant to the notice, the Director of Accounting Services shall, on demand by the person on whom the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. (Enacted 1994) Cap 283C s 11 Recovery of fixed penalty (1) Where a person on whom a notice under section 8(3) has been served has notified the Director, 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 8(3) has been served has not paid the fixed penalty and has not notified the Director, 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 under section 3(2), to the address where the driver normally works.(5) In proceedings under subsection (1) or (2), the complaint or application shall be in the name of the Director but need not be signed. (6) The Director may appoint any person or class of persons to conduct the proceedings under subsections (1) and (2). (Enacted 1994) Cap 283C s 12 Review of proceedings (1) Where a magistrate is satisfied that the notice mentioned in section 8(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 Director, rescind the order made under section 11(2) and- (a) if that person wishes to dispute liability for the contravention, order that the matter be determined in accordance with section 11(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 11(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 Director at any time, rescind any order for the payment of a fixed penalty and any other order made in the same proceedings. (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. (Enacted 1994) Cap 283C s 13 Service of summons (1) A summons issued in any proceedings under section 11(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.(2) A certificate of posting in accordance with From 4 in Schedule 3 purporting to be signed by or for the Director 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. (Enacted 1994) Cap 283C s 14 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 13(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 13(2); or |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！