Page:Fixed Penalty (Public Cleanliness and Obstruction) Ordinance (Cap. 570).pdf/9

FIXED PENALTY (PUBLIC CLEANLINESS OFFENCES) ORDINANCE

13. Payment of fixed penalty after issue of summons

(1) Notwithstanding that proceedings have been instituted against a person who has notified the Authority in accordance with the notice served on him under section 6(1) that he wishes to dispute liability, the person may pay the fixed penalty concerned together with an additional penalty equal to the amount of the fixed penalty in accordance with subsection (2), and, if at the same time the person also pays the sum of $500 by way of costs, the proceedings shall thereupon terminate.

(2) Payment under subsection (1) shall be made at any magistracy not less than 2 days before the day specified in the summons for the person’s appearance, and the summons shall be produced at the time of payment.

(3) No public holiday shall be included in the computation of the 2 days’ period mentioned in subsection (2).

14. Distress in case of default

(1) If a person who has been ordered under this Ordinance to pay any penalty fails within 1 month from the date of the order to pay the penalty, an application may be made in the absence of that person to a magistrate for an order directing that—
 * (a) the penalty to be paid, or where the application for an order under this section is in respect of more than one penalty to be paid, the total of such penalties; and
 * (b) the costs of the application for an order under this section,

be levied on any goods and chattels of the person by distress and sale thereof.

(2) An application under subsection (1) shall be made in the name of the Secretary for Justice, who may appoint any person or class of persons to make the application. PART 3 15. Protection for public officers acting in good faith

(1) A public officer shall not be personally liable in respect of any act done by him while exercising any of his powers under this Ordinance and within the scope of his employment, if he did that act in the honest belief that he was entitled to do it.