Page:Prevention and Control of Disease (Prohibition on Group Gathering) Regulation (Cap.599G).pdf/21

Prevention and Control of Disease (Prohibition on Group Gathering) Regulation

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Part 4
Proceedings if Person Disputes Liability

12. Dispute of liability for offence

(1) This section applies if—

(a) a person has notified the Director in accordance with a demand notice that the person wishes to dispute liability for an offence under section 6(1)(a); or

(b) a person has been given leave under section 11(2) of this Schedule to dispute liability for an offence under section 6(1)(a).

(2) A summons issued in any proceedings against the person for the offence may be served on the person in accordance with section 8 of the Magistrates Ordinance (Cap. 227).

(3) If—

(a) in consequence of the notification or leave, the person appears in any proceedings in answer to a summons; and

(b) the person is convicted of the offence after having offered no defence or a defence that is frivolous or vexatious,

the magistrate before whom the proceedings are heard must, in addition to any other penalty and costs, impose an additional penalty equal to the amount of the fixed penalty.

(4) Any proceedings commenced against a person falling within subsection (1)(a) must terminate if the person pays in accordance with subsection (5)—

(a) the fixed penalty;