Hong Kong Ordinances

BETTING DUTY ORDINANCE - SECT 6ZE

Financial penalties

(1) The Secretary may, by notice in writing given to the holder of a licence,
impose a financial penalty on the holder if the holder has failed to comply
with a condition of the licence.

(2) The holder shall not be required to pay the penalty before the expiry of
the period referred to in section 6ZG(2), being the period within which the
holder may appeal against the decision of the Secretary to impose the penalty.

(3) A financial penalty that is imposed on the holder of a licence shall not
exceed—

   (a)  $500000 for the first occasion on which a financial penalty is imposed
        on the holder;

   (b)  $1000000 for the second occasion on which a financial penalty is
        imposed on the holder; or

   (c)  $5000000 for the third or any subsequent occasion on which a
        financial penalty is imposed on the holder.

(4) The notice shall specify—

   (a)  the reasons for imposing the penalty;

   (b)  the amount of the penalty imposed; and

   (c)  the manner in which and the date on or before which the penalty shall
        be paid.

(5) Before imposing a financial penalty on the holder of a licence, the
Secretary shall—

   (a)  give the holder a reasonable opportunity to make representations; and

   (b)  consider the representations, if any.

(6) The Secretary shall not impose a financial penalty under this section
unless, in all the circumstances of the case, the financial  penalty is
proportionate and reasonable in relation to the failure that gave rise to the
penalty.

(7) A financial penalty shall be paid to the Government and the Government may
recover any unpaid penalty as a civil debt.

(8) If the holder of a licence has duly paid a financial penalty, the
Secretary shall not revoke the licence only because of the failure that gave
rise to the penalty.

(9) For the purpose of this Part, if the Appeal Board has varied a
financial penalty, the obligation to pay the penalty shall be discharged by
paying the amount as varied. (Part 3 added 29 of 2003 s. 14)