Page:Fixed Penalty (Public Cleanliness and Obstruction) Ordinance (Cap. 570).pdf/6

(2) Where such a notice is withdrawn under this section and any sum of money has been paid pursuant to the notice, the Director of Accounting Services shall, on demand by the person on whom the notice was given or served, repay him the sum so paid.

(3) A notice withdrawn under this section shall not be a bar to any proceedings in respect of the scheduled offence specified in the notice.

8. Recovery of fixed penalty

(1) Where a person on whom a notice under section 6(1) has been served has not paid the fixed penalty and has not notified the Authority, in accordance with that notice, that he wishes to dispute liability for the offence, a magistrate shall, on an application mentioned in subsection (2), order him to pay the fixed penalty, an additional penalty equal to the amount of the fixed penalty and the sum of $300 by way of costs, within 14 days from the date of service of notice of the order.

(2) An application under subsection (1)—

(a) may be made in the absence of the person on whom the notice under section 6(1) has been served;

(b) shall be made in the name of the Secretary for Justice, who may appoint any person or class of persons to make the application.

(3) Where an order is made under subsection (1) against a person, the magistrate shall cause notice of the order to be served on that person.

(4) Notice of the order made under subsection (1) may be served on that person by sending it by post to his address.

(5) Where a person against whom an order under subsection (1) has been made fails to pay the amount of the fixed penalty, additional penalty and costs, he shall, for the purposes of section 68 of the Magistrates Ordinance (Cap. 227), be deemed to have failed to pay the sum adjudged to be paid by a conviction and shall be liable to be imprisoned under that section.

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

9. Proof in proceedings under section 8

(1) Notwithstanding any provisions of the Magistrates Ordinance (Cap. 227), in an application under section 8(1), an order under that section shall be made upon the production by the applicant to the magistrate of—

(a) a copy of the notice served under section 6(1) together with a certificate of posting of that notice under section 29 of the Evidence Ordinance (Cap. 8); and