Page:Fixed Penalty (Public Cleanliness and Obstruction) Ordinance (Cap. 570).pdf/5

(5) In this section, “proof of identity” (身分證明文件), in relation to the person to whom the notice is to be given as referred to in subsection (1), has the same meaning as in section 17B of the Immigration Ordinance (Cap. 115).

5. Supply of false information

A person who, in complying with a requirement made under section 4(1), supplies any particular of his name, address or contact telephone number which he knows to be false or misleading, commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months.

6. Fixed penalty notice issued by Authority

(1) If the fixed penalty for a scheduled offence in respect of which a notice has been given to a person under section 3(1) is not paid within 21 days from the date of the giving of the notice, the Authority shall serve on the person a notice in the prescribed form—

(a) demanding payment of the fixed penalty;

(b) informing the person that if he wishes to dispute liability for the offence he should notify the Authority in writing; and

(c) stating that the payment or notification (as the case may be) shall be made within 10 days from the date of the notice so served.

(2) No notice shall be served under subsection (1) after the expiry of 6 months from the date of the notice given under section 3(1).

(3) A notice under subsection (1) may be served on the person by sending it by post to his address.

(4) Subject to section 7, where a person has received a notice under subsection (1) 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.

7. Withdrawal of notice of fixed penalty

(1) Where a notice under section 3(1) or 6(1) has been given or served on a person, the Authority may—

(a) at any time before the commencement of any proceedings against that person in respect of the offence specified in the notice; and

(b) where an order under section 8(1) has been applied for, before such order is made,

withdraw that notice, and may serve on that person a notice in writing informing him that the notice has been withdrawn.