TNAG-0452-FCO40-517-Legislation-for-employment-of-workers-in-Hong-Kong-1974 — Page 27

FIXED PENALTY (CRIMINAL PROCEEDINGS)

Ord. No. 64/74

A383

(3) Subject to subsection (4), where the Commissioner of Police is of the opinion that a person alleged to be guilty of a scheduled offence ought to be proceeded against under this Part in respect thereof, he shall, as soon as practicable after the com- mission of the offence and whether or not a notice has been given under subsection (1), serve on that person a notice demanding payment of the fixed penalty.

(4) A notice under subsection (3) shall be served within 1 month of the commission of the offence:

Provided that where the identity or address of the person to be served is not ascertained within 7 days after the commission of the offence, the notice may be served not more than 6 months after the commission of the offence.

(5) A notice under subsection (3) shall be served by sending it by post to the registered address of the person to be served.

(6) A notice under subsection (3) shall be in the prescribed form and shall require

require payment of the fixed penalty within twenty-one days after the date of the notice.

(7) Where a notice under subsection (3) is served on any person, no proceedings shall be taken against that person in respect of the offence specified in the notice until the expiry of twenty-one days after the date of the notice.

(8) Subject to section 4, where a person has received a notice under subsection (1) or subsection (3) and has paid the full amount of the fixed penalty shown in the notice, he shall not be liable to be prosecuted or convicted for the scheduled offence specified in the notice.

4. (1) Where a notice under section 3(1) or (3) has been Withdrawal

of fixed served on any person, the Commissioner of Police may, at any penalty time before the commencement of proceedings against that person notices. in respect of the scheduled offence specified in the notice, with- draw that notice, and may serve on that person a notice in writing informing him that the notice has been withdrawn.

(2) Where a notice under section 3(1) or (3) has been with- drawn under this section and any sum of money has been paid pursuant to that notice, the Accountant General shall, on demand by the person on whom the notice was served, repay to that person the sum so paid.