Hong Kong Regulations
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HOUSING (TRAFFIC CONTRAVENTIONS) (FIXED PENALTY) BYLAW - SECT 16
Hearing of complaint
(1) A defendant shall, if he is present at a hearing and does not admit the
truth of a complaint, be forthwith required to state the nature of his defence
and if he does not at that stage expressly put in issue any allegation of fact
contained in a certificate produced under section 19 he shall not thereafter
be permitted to dispute or adduce evidence to contradict any such fact
contained in the certificate.
(2) If a defendant has put in issue any allegation of fact in accordance with
subsection (1), a magistrate may proceed to the hearing of the complaint and
adjudicate thereon or may adjourn the proceedings and may issue a summons for
the appearance of any witness.
(3) Where a person served with a summons in proceedings under section 11(1)
does not appear before the magistrate or, having appeared, offers no defence
or a defence which is frivolous or vexatious, the magistrate shall order that
person to pay the fixed penalty together with an additional penalty equal to
the amount of the fixed penalty.
(4) Where an order is made in proceedings under section 14, the magistrate
shall cause notice of the order to be served on the defendant.
(5) Notice of the order made in any proceedings under section 14 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. (Enacted 1994)
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