Page:Motor Vehicle Idling (Fixed Penalty) Ordinance (Cap. 611).pdf/10

MOTOR VEHICLE IDLING (FIXED PENALTY) ORDINANCE (2) An application must be made within 14 days after the date on which the order first came to the personal notice of the applicant.

(3) The applicant must give reasonable notice of the application to the Authority.

(4) An application 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, has all the powers of a magistrate hearing a complaint under the Magistrates Ordinance (Cap. 227).

15. Outcome of review

(1) On application under section 14, a magistrate may rescind an order made under section 13 if the magistrate is satisfied that the demand notice did not come to the personal notice of the applicant without any fault on the part of the applicant.

(2) If the magistrate rescinds the order and the applicant wishes to dispute liability for the contravention to which the order relates, the magistrate must order that the matter be determined in accordance with Division 4.

(3) If the magistrate rescinds the order and the applicant does not wish to dispute liability for the contravention, the magistrate—
 * (a) must order the applicant to pay the fixed penalty within 10 days after the date of the order; and
 * (b) must order that, if the applicant fails to pay the fixed penalty within that period, the applicant must immediately pay—
 * (i) the fixed penalty;
 * (ii) an additional penalty equal to the amount of the fixed penalty; and
 * (iii) $300 by way of costs.

(4) The Legislative Council may, by resolution, amend the amount specified in subsection (3)(b)(iii). Division 4—Proceedings if Person Disputes Liability 16. Proceedings if person disputes liability

(1) This section applies if—
 * (a) a person who is given a penalty notice notifies the Authority in writing, before being served with a demand notice, that he or she wishes to dispute liability for the contravention to which the penalty notice relates;