Hong Kong Ordinances

FIXED PENALTY (PUBLIC CLEANLINESS OFFENCES) ORDINANCE - SECT 10

Review of proceedings

(1) Where a magistrate is satisfied that a notice served under section 6(1)
has not come to the personal notice of the person to whom it relates without
any neglect by that person, the magistrate may, on an application of which
reasonable notice has been given to the Authority, rescind the order made
under section 8(1) in respect of the notice and-

   (a)  if that person wishes to dispute liability for the offence, give leave
        to that effect; or

   (b)  if he does not wish to dispute liability-

        (i)    order him to pay the fixed penalty concerned within 10 days
               from the date of the order; and

        (ii)   order that, if he fails to pay that fixed penalty within that
               period, he shall be liable to pay immediately that
               fixed penalty, an additional penalty equal to the amount of the
               fixed penalty and the sum of $300 by way of costs.

(2) An application under subsection (1) may be made in person or by counsel or
solicitor on behalf of the applicant and the magistrate, for the purpose of
securing the attendance of witnesses and generally for conducting the
proceedings, shall have all the powers of a magistrate hearing a complaint
under the Magistrates Ordinance ( Cap 227).

(3) An application under subsection (1) shall be made within 14 days from the
date that the magistrate is satisfied is the earliest date on which the order
mentioned in section 8(1) came to the personal notice of the person to whom
that order relates.

(4) Where a magistrate gives leave under subsection (1)(a), proceedings may be
taken, notwithstanding section 26 of the Magistrates  Ordinance ( Cap 227),
within 6 months from the date when the magistrate gives the leave.

(5) A magistrate may for good cause, on an application by the Authority at any
time, rescind any order for the payment of a fixed  penalty and any other
order made in the same proceedings.

(6) Where a person against whom an order under subsection (1)(b) 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.

(7) Where a person against whom an order under subsection (1)(b) has been made
pays in compliance with the order the full amount ordered to be paid by him,
he shall not be liable to be prosecuted or convicted for the scheduled offence
to which the order relates.