Page:Motor Vehicle Idling (Fixed Penalty) Ordinance (Cap. 611).pdf/9

MOTOR VEHICLE IDLING (FIXED PENALTY) ORDINANCE :(b) before the issuing of a summons commencing proceedings under Division 4.

(2) If a penalty notice or demand notice is withdrawn—
 * (a) the Authority must serve notice of the withdrawal on the person to whom the penalty notice or demand notice applied; and
 * (b) on application by the person, the Authority must refund, through the Director of Accounting Services, any amount paid in respect of the fixed penalty.

Division 3—Recovery of Fixed Penalty if Default 13. Recovery of fixed penalty if default

(1) This section applies if a person on whom a demand notice has been served fails to pay the fixed penalty or notify the Authority in accordance with the notice.

(2) On an application made in the name of the Secretary for Justice and production of the documents referred to in subsection (3), a magistrate must order the person to pay, within 14 days after the date of service of notice of the order—
 * (a) the fixed penalty;
 * (b) an additional penalty equal to the amount of the fixed penalty; and
 * (c) $300 by way of costs.

(3) The documents are—
 * (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.

(4) The magistrate must cause notice of the order to be served on the person to whom it applies and it may be served by sending it by post to the person’s address.

(5) 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.

(6) The Legislative Council may, by resolution, amend the amount specified in subsection (2)(c).

14. Application for review of magistrate’s order

(1) A person to whom an order made under section 13 applies may apply to a magistrate for review of the order.