### Motor Vehicle Idling (Fixed Penalty) Ordinance 《汽車引擎空轉(定額罰款)條例》

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.
(2) An application must be made within 14 days after the date on which the order first came to the personal notice of the applicant.
(3) The applicant must give reasonable notice of the application to the Authority.
(4) An application 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, has all the powers of a magistrate hearing a complaint under the Magistrates Ordinance (Cap. 227).

### Motor Vehicle Idling (Fixed Penalty) Ordinance 《汽車引擎空轉(定額罰款)條例》

15. Outcome of review
(1) On application under section 14, a magistrate may rescind an order made under section 13 if the magistrate is satisfied that the demand notice did not come to the personal notice of the applicant without any fault on the part of the applicant.
(2) If the magistrate rescinds the order and the applicant wishes to dispute liability for the contravention to which the order relates, the magistrate must order that the matter be determined in accordance with Division 4.
(3) If the magistrate rescinds the order and the applicant does not wish to dispute liability for the contravention, the magistrate—
(a) must order the applicant to pay the fixed penalty within 10 days after the date of the order; and
(b) must order that, if the applicant fails to pay the fixed penalty within that period, the applicant must immediately pay—
(i) the fixed penalty;
(ii) an additional penalty equal to the amount of the fixed penalty; and
(iii) $300 by way of costs.
(4) The Legislative Council may, by resolution, amend the amount specified in subsection (3)(b)(iii).

16. Proceedings if person disputes liability
(1) This section applies if—
(a) a person who is given a penalty notice notifies the Authority in writing, before being served with a demand notice, that he or she wishes to dispute liability for the contravention to which the penalty notice relates;
(b) a person on whom a demand notice is served notifies the Authority in accordance with the demand notice that he or she wishes to dispute liability for the contravention to which the demand notice relates; or
(c) a magistrate makes an order under section 15(2).
(2) If this section applies, the matter is to be determined in accordance with this Division by a magistrate in a summary way, on a complaint made in the name of the Secretary for Justice.
(3) The Secretary for Justice may appoint any person or class of persons to make a complaint.
(4) A complaint cannot be made later than—
(a) if subsection (1)(a) or (b) applies, 6 months after the person notifies the Authority that he or she wishes to dispute liability; or
(b) if subsection (1)(c) applies, 6 months after the date of the order under section 15(2).

17. Summons to defendant
A summons may be issued and served on the defendant in relation to a complaint in accordance with section 8 of the Magistrates Ordinance (Cap. 227).

### Motor Vehicle Idling (Fixed Penalty) Ordinance 《汽車引擎空轉(定額罰款)條例》

18. Proceedings in absence of defendant
(1) If the defendant does not appear at the time and place appointed for the hearing of a complaint, or at any adjourned hearing, the magistrate may, subject to this section, proceed to hear and determine the complaint in the absence of the defendant.
(2) The magistrate must not hear the complaint in the absence of the defendant unless—
(a) service of the summons on the defendant is proved under section 8 of the Magistrates Ordinance (Cap. 227) and the magistrate is satisfied that it was served a reasonable time before the time appointed for the hearing; or
(b) the defendant has appeared on a previous occasion to answer the complaint.
(3) If the complaint is heard in the absence of the defendant, the substance of the complaint may be proved by production of—
(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) 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).