Page:Prevention and Control of Disease (Prohibition on Group Gathering) Regulation (Cap.599G).pdf/20

Prevention and Control of Disease (Prohibition on Group Gathering) Regulation Schedule 2—Part 3 Section 11 (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.

(6) If the applicant has complied with the order under subsection (3)(a) or (b), the applicant is not liable to be prosecuted or convicted for the offence to which the order relates.