Form 24.
and place specified in the notice before a magistrate to be dealt with according to law,
(2) A notice under subsection (1)—
(a) shall be in the prescribed form:
(b) shall be signed by the public officer by
whom it is served; and
(c) shall state-
(i) the name and address of the person upon whom the notice is served;
(ii) the offence which is alleged to have been committed with sufficient particulars thereof;
(iii) the time and place at which the offence is alleged to have been committed; and
(iv) the time and place at which the per- son on whom the notice is served is required to appear.
(3) If
person upon whom a notice under sub- section (1) has been served fails to appear before a magistrate at the time and place mentioned in the notice, and it is made to appear to the magistrate by oath that the notice was served on that person personally, the magistrate may issue his warrant for the apprehension of that person and to bring that person before him or another magistrate to be dealt with according to law.
(4) If a person upon whom a notice under sub- section (1) has been served appears before a magistrate in accordance with the notice, or is brought before a magistrate by a warrant issued under subsection (3), the magistrate may hear and determine the offence alleged in the notice as if a complaint has been made or an information has been laid against that person in respect of the offence and for such purposes, the provisions under this Ordinance relating to hearing of complaint or information and the proceedings thereon shall apply mutaris mutandis.
(5) If a person upon whom a notice under sub- section (I) has been served is brought before a magis- trate by a warrant issued under subsection (3), the magistrate shall order that person to pay costs of
3
not less than twenty dollars or not more than four hundred dollars, whether or not he is convicted of the offence alleged in the notice:
Provided that no arder shall be made where the magistrate is satisfied that exceptional circumstances existed which rendered it inequitable to require compliance with the notice.
(6) Any costs ordered to be paid under sub- section (5) shall be recoverable under section 69(2) in the same manner as costs awarded under section 6901)
(7) Notwithstanding anything to the contrary in this Ordinance, a magistrate may permit a repre- sentative to appear on behalf of a person upon whom a notice under subsection (1) has been served where such representative satisfies the magistrate that he is authorized to enter a plea of guilty and is himself able to pay any fine imposed.".
section 135.
3. Section 135 of the principal Ordinance is amended by Amendment of deleting the full-stop at the end thereof and substituting the following-
"and the Fourth Schedule.”.
4. The principal Ordinance is amended by adding after the Third Schedule the following Schedule-
(Cap. 132)
"FOURTH SCHEDULE
Public Officer Health Inspector Amenities Officer Överseer
(Cap. 13. wb. lex.)
Amenities Assistant Foreman
Ofences
Addition of Fourth Schedule.
[8. 8A.]
(0) Any offence against Part 1 of the Public Health and Urban Services Ordinance.
(ii) Any offence against the Public Cleansing and Prevention of Nuisances By-laws 1972,
(iii) Any offence against the Public Cleansing and Prevention of Nuisances (New Territories) Regulations 1972.”.
Passed by the Hong Kong Legislative Council this 30th day of August, 1972.
Clerk to the Legislative Council.