### Fixed Penalty (Traffic Contraventions) Ordinance 《定額罰款(交通違例事項)條例》

15A. Withdrawal of notice of fixed penalty
(1) Where a notice under section 15(3) has been served on any person, the Commissioner of Police may, at any time before the commencement of any proceedings against that person in respect of the contravention specified in the notice and whether or not an order under section 16(2) has been applied for, but before such order is made, withdraw that notice, and may serve on that person a notice in writing informing him that the notice has been withdrawn. (Amended 56 of 1981 s. 5)
(2) Where a notice under section 15(3) had been withdrawn under this section and any sum of money has been paid pursuant to the notice, the Director of Accounting Services shall, on demand by the person on whom the notice was served, repay to that person the sum so paid.
(Added 59 of 1977 s. 11)

### Fixed Penalty (Traffic Contraventions) Ordinance 《定額罰款(交通違例事項)條例》

16. Recovery of fixed penalty
(1) Where a person on whom a notice under section 15(3) has been served has notified the Commissioner of Police, in accordance with that notice, that he wishes to dispute liability, the matter shall be determined by a magistrate on complaint, in a summary way, in accordance with this Ordinance.
(2) Where a person on whom a notice under section 15(3) has been served has not paid the fixed penalty and has not notified the Commissioner of Police, in accordance with that notice, that he wishes to dispute liability for the contravention, a magistrate shall, on an application which may be made in the absence of that person, order him to pay the fixed penalty, together with an additional penalty equal to the amount of the fixed penalty, within 14 days of being served with notice of the order.
(3) Where an order is made under subsection (2) the magistrate shall cause notice of the order to be served on the person to whom it relates.
(4) Notice of the order made under subsection (2) may be served by sending it by post—
(a) where it is directed to a registered owner, to his registered address; or
(b) where it is directed to a driver under section 3(2), to the address where the driver normally works.
(5) In proceedings under subsection (1) or (2), the complaint or application shall be in the name of the Secretary for Justice but need not be signed. (Replaced 11 of 1984 s. 2. Amended L.N. 362 of 1997)
(6) The Secretary for Justice may appoint any person or class of persons to conduct the proceedings under subsections (1) and (2). (Added 11 of 1984 s. 2. Amended L.N. 362 of 1997)
(Replaced 56 of 1981 s. 6)

### Fixed Penalty (Traffic Contraventions) Ordinance 《定額罰款(交通違例事項)條例》

16A. Review of proceedings
(1) Where a magistrate is satisfied that the notice mentioned in section 15(3) has not come to the personal notice of the person liable without any neglect by that person, the magistrate may, on an application of which reasonable notice has been given to the Commissioner of Police, rescind the order made under section 16(2) and—
(a) if that person wishes to dispute liability for the contravention, order that the matter be determined in accordance with section 16(1); or
(b) if he does not wish to dispute liability—
(i) order him to pay the fixed penalty within 10 days of the order; and
(ii) order that, if he fails to pay that fixed penalty within that period, he shall be liable to pay immediately that fixed penalty, together with an additional penalty equal to the amount of the fixed penalty. (Replaced 11 of 1984 s. 2)
(2) An application under subsection (1) may be made in person or by counsel or solicitor and the magistrate, for the purpose of securing the attendance of witnesses and generally for conducting the proceedings, shall have all the powers of a magistrate hearing a complaint under the Magistrates Ordinance (Cap. 227).
(3) An application under subsection (1) shall be made within 14 days of the date which the magistrate is satisfied is the earliest date on which the order mentioned in section 16(2) came to the personal notice of the person to whom that order relates. (Added 11 of 1984 s. 2)
(4) A magistrate may for good cause, on an application by the Commissioner of Police at any time, rescind any order for the payment of a fixed penalty and any other order made in the same proceedings. (Added 11 of 1984 s. 2)
(5) Where a magistrate makes an order under subsection (1)(a), proceedings may be taken, notwithstanding section 26 of the Magistrates Ordinance (Cap. 227), within 6 months from the date of that order. (Added 11 of 1984 s. 2)
(Added 56 of 1981 s. 6)

### Fixed Penalty (Traffic Contraventions) Ordinance 《定額罰款(交通違例事項)條例》

17. Service of summons
(1) A summons issued in any proceedings under section 16(1) may, notwithstanding section 8(2) of the Magistrates Ordinance (Cap. 227), be served by sending it by post— (Amended 56 of 1981 s. 7)
(a) where it is directed to a registered owner, to his registered address; or
(b) where it is directed to a driver under section 3(2), to the address where the driver normally works.
(2) A certificate of posting in the prescribed form purporting to be signed by or for the Commissioner of Police shall be admitted in evidence without further proof on its production to the magistrate by the complainant and, until the contrary is proved, it shall be presumed that—
(a) the certificate is so signed; and
(b) the summons under subsection (1) to which the certificate relates was duly served. (Replaced 42 of 1971 s. 3. Amended 59 of 1977 s. 12; 56 of 1981 s. 7)

18. Proceedings in the absence of the defendant
(1) Where at the time and place appointed for the hearing or adjourned hearing of a complaint a person served with a summons under section 17(1) does not appear before the magistrate, the magistrate may, subject to subsection (2), proceed to the hearing of the complaint and adjudicate thereon as fully and effectually to all intents and purposes as if such person had personally appeared before him in obedience to the summons.
(2) The magistrate shall not begin to hear the complaint in the absence of the defendant unless—
(a) service is proved under section 17(2); or
(b) the defendant has appeared on a previous occasion to answer to the complaint.
(3) Notwithstanding section 17(2), for the purposes of subsection (2) a summons shall be deemed not to have been served unless service was effected within what is deemed by a magistrate to be a reasonable time before the time appointed in the summons for appearing thereto.
(Replaced 59 of 1977 s. 13)