Page:Fixed Penalty (Public Cleanliness and Obstruction) Ordinance (Cap. 570).pdf/8

FIXED PENALTY (PUBLIC CLEANLINESS OFFENCES) ORDINANCE

(4) Where a magistrate gives leave under subsection (1)(a), proceedings may be taken, notwithstanding section 26 of the Magistrates Ordinance (Cap. 227), within 6 months from the date when the magistrate gives the leave.

(5) A magistrate may for good cause, on 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.

(6) Where a person against whom an order under subsection (1)(b) has been made fails to pay the amount of the fixed penalty, additional penalty and costs, he shall, for the purposes of section 68 of the Magistrates Ordinance (Cap. 227), be deemed to have failed to pay the sum adjudged to be paid by a conviction and shall be liable to be imprisoned under that section.

(7) Where a person against whom an order under subsection (1)(b) has been made pays in compliance with the order the full amount ordered to be paid by him, he shall not be liable to be prosecuted or convicted for the scheduled offence to which the order relates.

11. Service of summons

Where—
 * (a) a person fails to pay the fixed penalty in accordance with a notice served on him under section 6(1);
 * (b) he notifies the Authority that he wishes to dispute liability for the scheduled offence specified in the notice, or he is given leave under section 10(1)(a); and
 * (c) proceedings are taken against him in respect of the offence,

then a summons issued in those proceedings may be served on the person in accordance with section 8 of the Magistrates Ordinance (Cap. 227).

12. Additional penalty in proceedings on dispute of liability

Where a person—
 * (a) having notified the Authority, in accordance with a notice under section 6(1), that he wished to dispute liability for the scheduled offence concerned; or
 * (b) having been given leave under section 10(1)(a),

and having been served with a summons and appeared before a magistrate, offers no defence or a defence which is frivolous or vexatious, the magistrate shall, in addition to any other penalty and costs, impose an additional penalty equal to the amount of the fixed penalty for that offence.