Page:Fixed Penalty (Smoking Offences) Ordinance (Cap. 600).pdf/7

FIXED PENALTY (SMOKING OFFENCES) ORDINANCE :(b) an additional penalty equal to the amount of the fixed penalty; and
 * (c) the sum of $300 by way of costs.

(2) An application under subsection (1) may be made in the absence of the person on whom the notice under section 6(2) has been served and the Secretary for Justice may appoint any person or class of persons to make the application.

(3) Where an order is made under subsection (1) against a person, the magistrate shall cause notice of the order to be served on the person.

(4) A notice under subsection (3) may be served on the person by sending it by post to his address.

(5) Where a person against whom an order under subsection (1) has been made fails to comply with the order, 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.

(6) Where a person against whom an order under subsection (1) has been made has complied with the order, he shall not be liable to be prosecuted or convicted for the scheduled offence to which the order relates.

9. Proof produced for application under section 8

(1) Notwithstanding any provisions of the Magistrates Ordinance (Cap. 227), in an application under section 8(1), an order under that section shall be made upon the production by the applicant to the magistrate of—
 * (a) a copy of the notice served under section 6(2) together with a certificate of posting of that notice under section 29 of the Evidence Ordinance (Cap. 8); and
 * (b) a certificate referred to in subsection (2).

(2) In an application under section 8(1), a certificate in the prescribed form stating the matters specified in subsection (3) and purporting to be signed by or for the Authority shall be admitted in evidence without further proof upon its production to the magistrate.

(3) The certificate referred to in subsection (2) shall state that—
 * (a) payment of the fixed penalty for the scheduled offence specified in a notice under section 6(2) was not made before the date of the certificate;
 * (b) the person specified in the certificate had not, before the date of the certificate, notified the Authority that he wished to dispute liability for the scheduled offence; and
 * (c) the address specified in the certificate was, at the date specified in the certificate in relation to the address, the address of the person.