Page:Prevention and Control of Disease (Compulsory Testing for Certain Persons) Regulation (Cap. 599J).pdf/34

Prevention and Control of Disease (Compulsory Testing for Certain Persons) Regulation Schedule—Part 3 Section 11 (2) If the magistrate rescinds a recovery order, and the applicant wishes to dispute liability for the offence to which the order relates, the magistrate must give leave to that effect.

(3) If the magistrate rescinds a recovery order, and the applicant does not wish to dispute liability for the offence to which the order relates, the magistrate—
 * (a) must order the applicant to pay the fixed penalty within 10 days after the date of an order made under this paragraph; and
 * (b) must order that, if the applicant fails to pay the fixed penalty within that period, the applicant must immediately pay—
 * (i) the fixed penalty;
 * (ii) an additional penalty equal to the amount of the fixed penalty; and
 * (iii) $300 by way of costs.

(4) Despite section 26 of the Magistrates Ordinance (Cap. 227), if a magistrate gives leave under subsection (2), proceedings may be commenced within 6 months after the date on which the magistrate gives the leave.

(5) If the applicant fails to comply with the order under subsection (3)(b), the applicant—
 * (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.