Hong Kong Regulations

HOUSING (TRAFFIC CONTRAVENTIONS) (FIXED PENALTY) BYLAW - SECT 14

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 13(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 13(2); or

   (b)  the defendant has appeared on a previous occasion to answer to the
        complaint.

(3) Notwithstanding section 13(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. (Enacted 1994)