Page:Motor Vehicle Idling (Fixed Penalty) Ordinance (Cap. 611).pdf/12

MOTOR VEHICLE IDLING (FIXED PENALTY) ORDINANCE (4) If the complaint is heard in the absence of the defendant, the magistrate must send by post to the defendant’s address a copy of any order made in relation to the complaint.

19. Hearing of complaint

(1) The magistrate must hear and determine the complaint and, for that purpose, the magistrate has all the powers of a magistrate hearing a complaint under the Magistrates Ordinance (Cap. 227), including—
 * (a) the power to issue a summons for the appearance of witnesses; and
 * (b) the power to adjourn the hearing.

(2) If the defendant does not admit the truth of the complaint at the hearing, the defendant must state the nature of his or her defence and, if the defendant does not at that stage expressly put in issue any allegation of fact stated in a certificate under section 24 that has been produced by the complainant, the defendant cannot at any later stage dispute or adduce evidence to contradict that fact without the leave of the magistrate.

20. Additional penalty

(1) This section applies if—
 * (a) a complaint is heard in the absence of the defendant; or
 * (b) the defendant offers no defence to a complaint or a defence that is frivolous or vexatious.

(2) If this section applies, the magistrate must order that the defendant pay a penalty equal to the amount of the fixed penalty, in addition to the fixed penalty and any costs ordered in the proceedings under section 21(2).

21. Costs orders

(1) If a magistrate dismisses a complaint, the magistrate may at the same time make an order for the payment of costs by the complainant of not less than $600 or more than $1,500.

(2) If, on a complaint, a magistrate orders the defendant to pay a fixed penalty (with or without an additional penalty), the magistrate may at the same time make an order for the payment of costs by the defendant of not less than $600 or more than $1,500.

(3) The Legislative Council may, by resolution, amend an amount specified in subsection (1) or (2).