Page:Fixed Penalty (Smoking Offences) Ordinance (Cap. 600).pdf/9

FIXED PENALTY (SMOKING OFFENCES) ORDINANCE (8) Where a person against whom an order under subsection (3)(b) has been made fails to comply with the order under subsection (3)(b)(ii), 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.

(9) Where a person against whom an order under subsection (3)(b) 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.

11. Service of summons of proceedings

Where a person—
 * (a) has notified the Authority, in accordance with a notice under section 6(2), that he wishes to dispute liability for a scheduled offence; or
 * (b) has been given leave to dispute liability for the offence under section 10(3)(a),

then a summons issued in any proceedings against him in respect of the offence may be served on him in accordance with section 8 of the Magistrates Ordinance (Cap. 227).

12. Additional penalty imposed in proceedings on liability

(1) This section applies where a person—
 * (a) has notified the Authority, in accordance with a notice under section 6(2), that he wishes to dispute liability for a scheduled offence; or
 * (b) has been given leave to dispute liability for the offence under section 10(3)(a),

and in consequence of the notification or leave, appears in any proceedings in answer to a summons.

(2) Where this section applies, if the person is convicted of the scheduled offence after having offered no defence or a defence which is frivolous or vexatious, the magistrate before whom the proceedings are heard shall, in addition to any other penalty and costs, impose an additional penalty equal to the amount of the fixed penalty for the offence.

13. Payment of fixed penalty after issue of summons

(1) Notwithstanding that proceedings have been taken against a person who has notified the Authority in accordance with a notice under section 6(2) that he wishes to dispute liability for a scheduled offence, if the person pays the