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Crimes (Amendment) Ordinance 2021

Ord. No. 35 of 2021
Section 3
A3635

(7) If the service of a summons or disposal order has been effected, the proof of service must be filed with a magistrate.
(8) In this section—
proof of service (送達證明), in relation to service of any summons or disposal order, means—
(a) for service in Hong Kong—statutory declaration as to the service made by the :police officer who effected the service; or
(b) for service out of the jurisdiction—applicable proof of service in accordance with the applicable law of the jurisdiction in which the service is effected.
159AAO. Offence relating to disposal order
(1) A person commits an offence if the person—
(a) has been made subject to a disposal order;
(b) has been served with the disposal order; and
(c) fails to comply with the disposal order.
(2) A person who commits an offence under subsection (1) is liable on conviction on indictment to a fine at level 6 and to imprisonment for 1 year.
(3) It is a defence for a person charged with an offence under subsection (1) to establish that the person had a reasonable excuse for not complying with the disposal order.
(4) The person is taken to have established that the person had reasonable excuse referred to in subsection (3) if—