Page:Fixed Penalty (Public Cleanliness and Obstruction) Ordinance (Cap. 570).pdf/7

FIXED PENALTY (PUBLIC CLEANLINESS OFFENCES) ORDINANCE



(2) In an application under section 8(1), a certificate in the prescribed form stating—
 * (a) that payment of the fixed penalty in respect of the offence specified in a notice under section 6(1) was not made before the date specified in the certificate;
 * (b) that the person specified in it had not, before the date specified in the certificate, notified the Authority that he wished to dispute liability for the offence; and
 * (c) that the address specified in it was at the time so specified the address of that person,

and purporting to be signed by or for the Authority shall be admitted in evidence without further proof on its production to the magistrate and, unless there is evidence to the contrary—
 * (i) it shall be presumed that the certificate is so signed; and
 * (ii) the certificate shall be evidence of the facts stated in it.

10. Review of proceedings

(1) Where a magistrate is satisfied that a notice served under section 6(1) has not come to the personal notice of the person to whom it relates without any neglect by that person, the magistrate may, on an application of which reasonable notice has been given to the Authority, rescind the order made under section 8(1) in respect of the notice and—
 * (a) if that person wishes to dispute liability for the offence, give leave to that effect; or
 * (b) if he does not wish to dispute liability—
 * (i) order him to pay the fixed penalty concerned within 10 days from the date 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, an additional penalty equal to the amount of the fixed penalty and the sum of $300 by way of costs.

(2) An application under subsection (1) may be made in person or by counsel or solicitor on behalf of the applicant 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 from the date that the magistrate is satisfied is the earliest date on which the order mentioned in section 8(1) came to the personal notice of the person to whom that order relates.