CAP. 240] Fixed Penalty (Criminal Proceedings)
[1989 Ed.
(b) informing the person that if he wishes to dispute liability for the offence, he should so notify the Commissioner of Police. (Amended 57 of 1981 s. 2)
(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 state that the person on whom it is served is required-
(a) to pay the fixed penalty; or
(b) to notify the Commissioner of Police that he wishes to dispute liability for the offence,
within 21 days after the date of the notice.
(Replaced 57 of 1981 s. 2)
(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 21 days after the date of the notice.
(8) Subject to section 4, where a person has received a notice under subsection (1) or (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.
3A. Recovery of fixed penalty in certain circumstances
(1) Where a person on whom a notice under section 3(3) has been served has not paid the fixed penalty and has not notified the Commissioner of Police, in accordance with that notice, that he wishes to dispute liability for the offence, a magistrate shall, on an application which may be made in the absence of that person, order him to pay the fixed penalty together with an additional penalty equal to the amount of the fixed penalty, within 14 days of being served with notice of the order.
(2) Where an order is made under subsection (1) the magistrate shall cause notice of the order to be served on the person to whom the order relates.
(3) Notice of the order made under subsection (1) may be served by sending it by post to the registered address of the person to be served.
(4) If the person against whom an order has been made under subsection (1) fails to pay the amount of the fixed penalty and additional penalty, he shall, for the purposes of section 68 of the Magistrates Ordinance (Cap. 227), be deemed to have failed to have paid a sum adjudged to be paid by a conviction and shall be liable to be imprisoned under that section.
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CAP. 240] Fixed Penalty (Criminal Proceedings)
[1989 Ed.
(b) informing the person that if he wishes to dispute liability for the offence, he should so notify the Commissioner of Police. (Amended 57 of 1981 s. 2)
(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 state that the person on whom it is served is required-
(a) to pay the fixed penalty; or
(b) to notify the Commissioner of Police that he wishes to dispute
liability for the offence,
within 21 days after the date of the notice.
(Replaced 57 of 1981 s. 2)
(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 21 days after the date of the notice.
(8) Subject to section 4, where a person has received a notice under subsection (1) or (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.
3A. Recovery of fixed penalty in certain circumstances
(1) Where a person on whom a notice under section 3(3) has been served has not paid the fixed penalty and has not notified the Commissioner of Police, in accordance with that notice, that he wishes to dispute liability for the offence, a magistrate shall, on an application which may be made in the absence of that person, order him to pay the fixed penalty together with an additional penalty equal to the amount of the fixed penalty, within 14 days of being served with notice of the order.
(2) Where an order is made under subsection (1) the magistrate shall cause notice of the order to be served on the person to whom the order relates.
(3) Notice of the order made under subsection (1) may be served by sending it by post to the registered address of the person to be served.
(4) If the person against whom an order has been made under subsection (1) fails to pay the amount of the fixed penalty and additional penalty, he shall, for the purposes of section 68 of the Magistrates Ordinance (Cap. 227), be deemed to have failed to have paid a sum adjudged to be paid by a conviction and shall be liable to be imprisoned under that section.
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