【法规名称】
【法规编号】 79669 什么是编号？
【正 文】
第4页 CAP 283C HOUSING (TRAFFIC CONTRAVENTIONS) (FIXED PENALTY) BYLAW
|
[接上页] (b) the defendant has appeared on a previous occasion to answer to the complaint.(3) Notwithstanding section 13(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. (Enacted 1994) Cap 283C s 15 Proof in proceedings under section 11 or 14 Notwithstanding any provisions of the Magistrates Ordinance (Cap. 227), in any application under section 11(2) or in any proceedings under section 14 in the absence of the defendant, an order under section 11(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 8(3) together with a certificate of posting under subsection (8) of that section; and (b) a certificate under section 19. (Enacted 1994) Cap 283C s 16 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 19 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 11(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 14, 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 14 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. (Enacted 1994) Cap 283C s 17 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. (Enacted 1994) Cap 283C s 18 Payment of fixed penalty after issue of summons (1) Notwithstanding that proceedings have been instituted against a person who has notified the Director in accordance with the notice served on him under section 8(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 (3) 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. (L.N. 299 of 1995) (2A) In subsection (2) the expression "clear working days" (整个工作天) excludes the day specified in the summons for the appearance of the defendant and intervening public holidays. (L.N. 299 of 1995) (3) The sum to be paid by way of costs for the purpose of subsection (1) shall be the same as the sum to be paid by way of costs for the purpose of section 20B of the Fixed Penalty (Traffic Contraventions) Ordinance (Cap 237). (Enacted 1994) Cap 283C s 19 Evidence by certificate and presumptions A certificate in accordance with Form 5 in Schedule 3 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 8(3) was not made before the date specified in the certificate and, in the case of an application under section 11(2), that the person specified in it had not, before the date specified in the certificate, notified the Director that he wished to dispute liability for the contravention,and 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 or applicant and- |
- 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！