Page:Fixed Penalty (Public Cleanliness and Obstruction) Ordinance (Cap. 570).pdf/4

FIXED PENALTY (PUBLIC CLEANLINESS OFFENCES) ORDINANCE

(3) In applying a provision of this Ordinance in relation to a scheduled offence—
 * (a) a reference to “Authority” in that provision shall be construed as a reference to the Authority set out in column 2 of Schedule 2 opposite to the offence; and
 * (b) a reference to “public officer” in that provision shall be construed as a reference to a public officer set out in column 3 of Schedule 2 opposite to the offence.

PART 2 3. Fixed penalty notice given by public officer

(1) If a public officer has reason to believe that a person is committing or has committed a scheduled offence, he may give the person a notice in the prescribed form offering him an opportunity to discharge his liability to conviction for that offence by payment of the fixed penalty for that offence.

(2) A notice under subsection (1) shall be given by the public officer personally to the person.

(3) Subject to section 7, where a person has received a notice under subsection (1) and has paid the full amount of the fixed penalty shown in the notice, he shall not be liable to be prosecuted or convicted for the scheduled offence specified in the notice.

(4) The operation of this section and sections 6, 8 and 11 shall not be affected by a failure to comply with subsection (2).

4. Power of inspecting proof of identity

(1) In exercising his power under section 3(1), the public officer may require a person to whom the notice is to be given to supply his name, address and contact telephone number (if any) and produce proof of identity for inspection.

(2) A person who, without reasonable excuse, fails to comply with a requirement made under subsection (1) commits an offence and is liable on conviction to a fine at level 2.

(3) A public officer may arrest a person who, without reasonable excuse, fails to comply with a requirement made under subsection (1).

(4) Without prejudice to the generality of section 51 of the Police Force Ordinance (Cap. 232), a public officer who arrests any person under subsection (3) shall forthwith take him to the nearest police station or give him into the custody of a police officer.