Page:Prevention and Control of Disease (Compulsory Testing for Certain Persons) Regulation (Cap. 599J).pdf/33

Prevention and Control of Disease (Compulsory Testing for Certain Persons) Regulation Schedule—Part 3 Section 10 (2) If the person has complied with the recovery order, the person is not liable to be prosecuted or convicted for the offence to which the order relates.

(3) If the person fails to comply with the recovery order, the person—
 * (a) is to be regarded, for the purposes of section 68 of the Magistrates Ordinance (Cap. 227), as having failed to pay the sum adjudged to be paid by a conviction; and
 * (b) is liable to be imprisoned under that section.

10. Application for review of recovery order

(1) A person against whom a recovery order is made may apply to a magistrate for review of the order.

(2) An application must be made within 14 days after the date on which the recovery order first came to the personal notice of the applicant.

(3) The applicant must give reasonable notice of the application to the Authority.

(4) An application may be made in person or by counsel or solicitor.

(5) For securing the attendance of witnesses and generally for conducting the proceedings, the magistrate has all the powers of a magistrate hearing a complaint under the Magistrates Ordinance (Cap. 227).

11. Outcome of review

(1) On application under section 10 of this Schedule, a magistrate may rescind a recovery order if satisfied that the demand notice did not come to the personal notice of the applicant without any fault of the applicant.