Page:Motor Vehicle Idling (Fixed Penalty) Ordinance (Cap. 611).pdf/13

MOTOR VEHICLE IDLING (FIXED PENALTY) ORDINANCE 22. Discontinuance of complaint

(1) A complainant may discontinue the complaint at any stage before the magistrate has commenced to hear it, on giving written notice to the defendant and the magistrate.

(2) Leave of the magistrate is not required for the complainant to do so.

23. Payment of fixed penalty after summons

(1) A defendant who has been served with a summons in relation to a complaint may pay the following amounts in accordance with subsection (2)—
 * (a) the fixed penalty;
 * (b) an additional penalty equal to the amount of the fixed penalty; and
 * (c) $500 by way of costs.

(2) Payment must be made to a magistrate’s court not later than 2 clear working days before the day specified in the summons for the hearing of the complaint and the defendant must produce the summons when making the payment.

(3) Payment in accordance with this section terminates the proceedings on the complaint.

(4) The Legislative Council may, by resolution, amend the amount specified in subsection (1)(c).

(5) In this section—

“clear working days” (整個工作天) excludes the day specified in the summons for the appearance of the defendant and intervening public holidays. Division 5—General Provisions for Proceedings 24. Evidentiary certificate

(1) A certificate in the prescribed form stating the matters in subsection (2) and purporting to be signed by or for the Authority is admissible in evidence in any proceedings under this Ordinance. (2) The matters are—
 * (a) that a specified motor vehicle was at a specified time idling at a specified location in contravention of section 5;
 * (b) that a specified person was at a specified time the driver of a specified motor vehicle;
 * (c) that a specified address was at a specified time the address of the specified person referred to in paragraph (b);