Page:Fixed Penalty (Smoking Offences) Ordinance (Cap. 600).pdf/8

(4) Unless there is evidence to the contrary—

(a) it shall be presumed that the certificate referred to in subsection (2) is signed by or for the Authority; and

(b) the certificate shall be evidence of the facts stated in it.

10. Review of order

(1) Where a magistrate is satisfied that a notice served under section 6(2) has not come to the personal notice of the person to whom it relates without any neglect by that person, the magistrate may, upon an application by that person, rescind the order made under section 8(1) in respect of the notice.

(2) A person who makes an application under subsection (1) shall give reasonable notice of the application to the Authority who served the notice under section 6(2) in respect of which the order was made.

(3) Upon rescinding the order under subsection (1), the magistrate may—

(a) if the person wishes to dispute liability for the scheduled offence to which the order relates, give leave to that effect; or

(b) if the person does not wish to dispute liability for the scheduled offence—

(i) order him to pay the fixed penalty concerned within a period of 10 days; and

(ii) order that, if he fails to pay the fixed penalty within that period, he shall pay immediately the fixed penalty, an additional penalty equal to the amount of the fixed penalty and the sum of $300 by way of costs.

(4) An application under subsection (1) may be made in person or by counsel or solicitor on behalf of the applicant, 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).

(5) An application under subsection (1) shall be made within 14 days from the date that the magistrate is satisfied to be the earliest date on which the order made under section 8(1) came to the personal notice of the person to whom that order relates.

(6) Where a magistrate gives leave under subsection (3)(a), proceedings may be taken, notwithstanding section 26 of the Magistrates Ordinance (Cap. 227), within 6 months from the date on which the magistrate gives the leave.

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