Hong Kong Regulations

HOUSING (TRAFFIC CONTRAVENTIONS) (FIXED PENALTY) BYLAW - SECT 12

Review of proceedings

(1) Where a magistrate is satisfied that the notice mentioned in section 8(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 Director, rescind the order made under
section 11(2) and-

   (a)  if that person wishes to dispute liability for the contravention,
        order that the matter be determined in accordance with section 11(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.

(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 11(2) came to the personal notice of the person to whom
that order relates.

(4) A magistrate may for good cause, on an application by the Director at any
time, rescind any order for the payment of a fixed penalty and any other order
made in the same proceedings.

(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. (Enacted 1994)