1964_FIXED_PENALTY_(CRIMINAL_PROCEEDINGS)_ORDINANCE — Page 6

1989 Ed.]

Fixed Penalty (Criminal Proceedings)

[CAP. 240

5

(5) Where a person against whom an order under subsection (1) has been made, pays the full amount of the fixed penalty and additional penalty shown in the order, he shall not be liable to be prosecuted or convicted for the scheduled offence to which the order relates. (Amended 12 of 1984 s. 3)

(6) An application under subsection (1) shall be in the name of the Attorney General, who may appoint any person or class of person to make the application.

(Added 57 of 1981 s. 3)

3B. Review of proceedings

(1) Where a magistrate is satisfied that the notice mentioned in section 3(3) has not come to the personal notice of the person to whom it is addressed without any neglect by that person, the magistrate may, on an application of which reasonable notice has been given to the Commissioner of Police, rescind the order made under section 3A(1) and-

(a) if that person wishes to dispute liability for the offence, give leave to that effect; or

(b) if he does not wish to dispute liability-

(i) order him to pay the fixed penalty within 21 days of the order; and

(ii) order that, if he fails to pay that fixed penalty within that period, he shall be liable to pay immediately that fixed penalty together with an additional penalty equal to the amount of the fixed penalty. (Replaced 12 of 1984 s. 3)

(2) Any application under subsection (1) may be made in person or by counsel or solicitor and the magistrate, for the purpose of securing the attendance of witnesses and generally conducting the proceedings, shall have all the powers of a magistrate hearing a complaint under the Magistrates Ordinance (Cap. 227).

(3) An application under subsection (1) shall be made within 14 days of the date which the magistrate is satisfied is the earliest date on which the order mentioned in section 3A(1) came to the personal notice of the person to whom that order relates. (Added 12 of 1984 s. 3)

(4) Where the person against whom an order is made under subsection (1)(b) fails to pay the amount of the fixed penalty and the 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. (Added 12 of 1984 s. 3)

(5) A magistrate may for good cause, on an application by the Commissioner of Police at any time, rescind any order for the payment of a fixed penalty and any other order made in the same proceedings. (Added 12 of 1984 s. 3)