Page:Transboundary Haze Pollution Act 2014.pdf/25

This page has been proofread, but needs to be validated.
TRANSBOUNDARY HAZE POLLUTION
25


the nature of his functions in that capacity and to all the circumstances.

(2) In this section, "body corporate", "officer" and "partner" have the same meanings as in section 10(11).

Notice to attend court

17.—(1) Where it appears to the Director-General or any authorised officer that any person has committed an offence under this Act, the Director-General or authorised officer may, in his discretion, serve upon the person a notice in such form as may be prescribed requiring the person to attend the court, at the hour and on the date specified in the notice.

(2) The Director-General or authorised officer shall prepare a duplicate of the notice referred to in subsection (1) and, if so required by a court, produce the same to the court.

(3) On an accused person appearing before a court in pursuance of such a notice, the court shall take cognizance of the offence alleged and shall proceed as though he were produced before the court under section 153 of the Criminal Procedure Code (Cap. 68).

(4) If a person, upon whom such a notice has been served, fails to appear before a court in accordance therewith, the court shall thereupon issue a warrant the arrest of that person.

(5) Upon a person arrested in pursuance of a warrant issued under subsection (4) being produced before a court, the court shall—

(a) proceed as though he were produced under section 153 of the Criminal Procedure Code; and
(b) at the conclusion of the proceedings, call upon him to show cause why he should not be punished for failing to attend in compliance with the notice served upon him and, if cause is not shown, may order him to pay such fine not exceeding $2,000 as the court thinks fit or may commit him to prison for a term not exceeding 2 months.