Page:Motor Vehicle Idling (Fixed Penalty) Ordinance (Cap. 611).pdf/11

MOTOR VEHICLE IDLING (FIXED PENALTY) ORDINANCE :(b) a person on whom a demand notice is served notifies the Authority in accordance with the demand notice that he or she wishes to dispute liability for the contravention to which the demand notice relates; or
 * (c) a magistrate makes an order under section 15(2).

(2) If this section applies, the matter is to be determined in accordance with this Division by a magistrate in a summary way, on a complaint made in the name of the Secretary for Justice.

(3) The Secretary for Justice may appoint any person or class of persons to make a complaint.

(4) A complaint cannot be made later than—
 * (a) if subsection (1)(a) or (b) applies, 6 months after the person notifies the Authority that he or she wishes to dispute liability; or
 * (b) if subsection (1)(c) applies, 6 months after the date of the order under section 15(2).

17. Summons to defendant

A summons may be issued and served on the defendant in relation to a complaint in accordance with section 8 of the Magistrates Ordinance (Cap. 227).

18. Proceedings in absence of defendant

(1) If the defendant does not appear at the time and place appointed for the hearing of a complaint, or at any adjourned hearing, the magistrate may, subject to this section, proceed to hear and determine the complaint in the absence of the defendant.

(2) The magistrate must not hear the complaint in the absence of the defendant unless—
 * (a) service of the summons on the defendant is proved under section 8 of the Magistrates Ordinance (Cap. 227) and the magistrate is satisfied that it was served a reasonable time before the time appointed for the hearing; or
 * (b) the defendant has appeared on a previous occasion to answer the complaint.

(3) If the complaint is heard in the absence of the defendant, the substance of the complaint may be proved by production of—
 * (a) a copy of the demand notice;
 * (b) a certificate of posting the demand notice under section 11(5); and
 * (c) a certificate under section 24.