Page:Fixed Penalty (Smoking Offences) Ordinance (Cap. 600).pdf/6

FIXED PENALTY (SMOKING OFFENCES) ORDINANCE (5) Subject to section 7, where a person has received a notice under subsection (2) and has paid the full amount of the fixed penalty shown in the notice within the period referred to in subsection (2)(c), he shall not be liable to be prosecuted or convicted for the scheduled offence specified in the notice.

7. Withdrawal of notice of fixed penalty

(1) Where a notice under section 3(1) has been given to a person, the Authority may, at any time before the commencement of any proceedings against the person in respect of the scheduled offence specified in the notice—
 * (a) withdraw that notice; and
 * (b) serve on that person another notice in writing informing him that the notice under section 3(1) has been withdrawn.

(2) Where a notice under section 6(2) has been served on a person, the Authority may, at any time before the commencement of any proceedings against the person in respect of the scheduled offence specified in the notice or, where an order under section 8(1) has been applied for, before such order is made—
 * (a) withdraw that notice; and
 * (b) serve on that person another notice in writing informing him that the notice under section 6(2) has been withdrawn.

(3) Where a notice under section 3(1) or 6(2) is withdrawn under this section and any sum of money has been paid pursuant to the notice, the Director of Accounting Services shall, on demand by the person to or on whom the notice was given or served, repay him the sum so paid.

(4) Where a notice under section 3(1) or 6(2) is withdrawn under this section, proceedings in respect of the scheduled offence specified in the notice may only be commenced if—
 * (a) the ground, or one of the grounds, on which the notice is withdrawn is that it contains incorrect information; and
 * (b) the incorrect information was supplied by the person to or on whom the notice was given or served.

8. Recovery of fixed penalty

(1) If a person served with a notice under section 6(2) has not paid the fixed penalty for the scheduled offence specified in the notice or notified the Authority that he wishes to dispute liability for the offence in accordance with the notice, a magistrate shall, upon an application made in the name of the Secretary for Justice, order him to pay within 14 days from the date of service of notice of the order—
 * (a) the fixed penalty;