Page:Motor Vehicle Idling (Fixed Penalty) Ordinance (Cap. 611).pdf/14

MOTOR VEHICLE IDLING (FIXED PENALTY) ORDINANCE :(d) that payment of the fixed penalty for a contravention specified in a specified demand notice had not been made before a specified date; and
 * (e) (if applicable) that the person specified in the demand notice referred to in paragraph (d) had not notified the Authority before a specified date of his or her wish to dispute liability for the contravention.

(3) Unless there is evidence to the contrary—
 * (a) it must be presumed that the certificate was signed by or for the Authority; and
 * (b) the certificate is evidence of the facts stated in it.

25. Distress for non-payment

(1) If a person fails to pay any part of a judgment amount within one month after the date of the order to pay the amount, a magistrate, on an application made in the name of the Secretary for Justice, may order that the following amounts be levied on any goods of the person by distress and sale—
 * (a) the judgment amount or, if the application under this section is in respect of more than one judgment amount, the total of those amounts; and
 * (b) the costs of the application for an order under this section (being an amount not less than $50 or more than the amount of the fixed penalty).

(2) An application under this section may be made in the absence of the person and the Secretary for Justice may appoint any person or class of persons to make it.

26. Power to rescind order on application by the Authority

At any time, a magistrate may for good cause, on an application made by the Authority, rescind—
 * (a) any order for the payment of a fixed penalty, an additional penalty or costs; and
 * (b) any other order made under this Ordinance in the same proceedings.