### Fixed Penalty (Criminal Proceedings) Ordinance 《定額罰款(刑事訴訟)條例》

7. Proof in absence of defendants
(1) Notwithstanding any provisions of the Magistrates Ordinance (Cap. 227), in any application under section 3A(1) or in any proceedings heard under section 6 in the absence of the defendant, an order under section 3A(1) shall be made upon, or the substance of the offence may be proved by, the production by the applicant or the prosecution of—
(a) a copy of the notice served under section 3(3) and a certificate of posting of that notice under section 29 of the Evidence Ordinance (Cap. 8); and
(b) a certificate under section 8.
(2) Where, in any proceedings heard under section 6, a person is convicted, the court shall cause notice of the conviction to be served on that person.
(3) Notice of the conviction may be served by sending it by post to the registered address of the person to be served.
(Replaced 57 of 1981 s. 6)

8. Evidence by certificate
A certificate in the prescribed form stating—
(a) that the person specified in it was at the time so specified either the registered owner of the vehicle, or the holder of the driving licence, so specified;
(b) that the address specified in it was at the time so specified the registered address of such person;
(c) that payment of the fixed penalty in respect of the scheduled offence was not made before the date specified in the certificate; and
(d) in the case of an application under section 3A(1), that the person specified in it had not, before the date specified in the certificate, notified the Commissioner of Police that he wished to dispute liability for the offence, (Added 57 of 1981 s. 7)
and purporting to be signed by or on behalf of the Commissioner of Police shall be admitted in any proceedings, or in any application under section 3A(1), on its production without further proof and—
(i) until the contrary is proved, the court shall presume that the certificate was so signed; and
(ii) the certificate shall be prima facie evidence of the facts stated therein.
(Amended 57 of 1981 s. 7)

### Fixed Penalty (Criminal Proceedings) Ordinance 《定額罰款(刑事訴訟)條例》

9. Payment of fixed penalty after issue of summons
(1) Notwithstanding that proceedings have been instituted against a person who has notified the Commissioner of Police that he wishes to dispute liability, the defendant may pay the fixed penalty together with an additional penalty equal to the amount of the fixed penalty in accordance with subsection (2) and, if at the same time the defendant also pays to the court the sum of $500 by way of costs, the proceedings shall thereupon terminate. (Amended 57 of 1981 s. 8; 57 of 1984 s. 2; L.N. 103 of 1991; L.N. 218 of 1995; L.N. 46 of 1998)
(2) Payment under subsection (1) shall be made to any magistrate’s court not later than 2 clear working days before the day specified in the summons for his appearance; and the summons shall be produced at the time of payment. (Amended 59 of 1994 s. 10)
(2A) In subsection (2) the expression clear working days (整個工作天) excludes the day specified in the summons for the appearance of the defendant and intervening Saturdays and public holidays. (Added 59 of 1994 s. 10. Amended 18 of 2016 s. 17)
(3) The Legislative Council may, by resolution, amend the sum specified in subsection (1). (Added 57 of 1984 s. 2)

9A. Additional penalty in proceedings on complaint
Where a person, having notified the Commissioner of Police, in accordance with a notice under section 3(3), that he wished to dispute liability for a scheduled offence or having been given leave under section 3B(1)(a) and having been served with a summons, does not appear before the court or, having appeared, offers no defence or a defence which is frivolous or vexatious, the magistrate shall, in addition to any other penalty and costs, impose an additional penalty equal to the amount of the fixed penalty for that offence.
(Added 57 of 1981 s. 9. Amended 12 of 1984 s. 6)

### Fixed Penalty (Criminal Proceedings) Ordinance 《定額罰款(刑事訴訟)條例》

10A. Distress in default of payment under section 3A order 
(1) If a person who has been ordered under this Ordinance to pay any fixed penalty fails within 1 month of the date of the order to pay that penalty, any additional penalty or costs payable under this Ordinance, an application may be made in the absence of that person to a magistrate for an order directing that— (Amended 10 of 2008 s. 19)
(a) the penalties to be paid, or where the application for an order under this section is in respect of more than one sum of penalties to be paid, the total of such penalties;
(b) any additional sum payable under subsection (2); and
(c) the costs of the application for an order under this section,
be levied on any goods and chattels of the person by distress and sale thereof.
(2) Where an application is made to a magistrate under subsection (1), the person to whom the order relates shall, without any further proceedings, be ordered to pay an additional sum by way of costs of not less than $50 or more than an amount equal to the fixed penalty, which for the purposes of section 10(1) shall be treated as if it were a penalty ordered to be paid under this Ordinance.
(3) An application under subsection (1) shall be in the name of the Secretary for Justice, who may appoint any person or class of person to make the application. (Amended L.N. 362 of 1997)
(Added 57 of 1981 s. 11. Amended 12 of 1984 s. 8)

11. Power to make regulations
The Secretary for Transport and Logistics may make regulations— (Amended 4 of 1994 s. 2; L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)
(a) prescribing anything which under this Ordinance is to be or may be prescribed;
(b) specifying the persons to whom and the places at which a fixed penalty may be paid;
(c) specifying the manner of payment of a fixed penalty and the receipt therefor;
(d) specifying the duties of a person to whom a fixed penalty is payable and the information to be supplied to him; and
(e) generally for the better carrying out of the provisions of this Ordinance.

12. Amendment of Schedule
The Legislative Council may, by resolution, amend the Schedule.