### Fixed Penalty (Smoking Offences) Ordinance 《定額罰款(吸煙罪行)條例》

7. Withdrawal of notice of fixed penalty
(1) Where a notice under section 3(1) has been given to a person, the Authority may, at any time before the commencement of any proceedings against the person in respect of the scheduled offence specified in the notice—
(a) withdraw that notice; and
(b) serve on that person another notice in writing informing him that the notice under section 3(1) has been withdrawn.
(2) Where a notice under section 6(2) has been served on a person, the Authority may, at any time before the commencement of any proceedings against the person in respect of the scheduled offence specified in the notice or, where an order under section 8(1) has been applied for, before such order is made—
(a) withdraw that notice; and
(b) serve on that person another notice in writing informing him that the notice under section 6(2) has been withdrawn.
(3) Where a notice under section 3(1) or 6(2) is withdrawn under this section and any sum of money has been paid pursuant to the notice, the Director of Accounting Services shall, on demand by the person to or on whom the notice was given or served, repay him the sum so paid.
(4) Where a notice under section 3(1) or 6(2) is withdrawn under this section, proceedings in respect of the scheduled offence specified in the notice may only be commenced if—
(a) the ground, or one of the grounds, on which the notice is withdrawn is that it contains incorrect information; and
(b) the incorrect information was supplied by the person to or on whom the notice was given or served.

### Fixed Penalty (Smoking Offences) Ordinance 《定額罰款(吸煙罪行)條例》

8. Recovery of fixed penalty
(1) If a person served with a notice under section 6(2) has not paid the fixed penalty for the scheduled offence specified in the notice or notified the Authority that he wishes to dispute liability for the offence in accordance with the notice, a magistrate shall, upon an application made in the name of the Secretary for Justice, order him to pay within 14 days from the date of service of notice of the order—
(a) the fixed penalty;
(b) an additional penalty equal to the amount of the fixed penalty; and
(c) the sum of $300 by way of costs.
(2) An application under subsection (1) may be made in the absence of the person on whom the notice under section 6(2) has been served and the Secretary for Justice 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 the person.
(4) A notice under subsection (3) may be served on the 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 comply with the order, 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 has complied with the order, he shall not be liable to be prosecuted or convicted for the scheduled offence to which the order relates.

### Fixed Penalty (Smoking Offences) Ordinance 《定額罰款(吸煙罪行)條例》

9. Proof produced for application 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(2) together with a certificate of posting of that notice under section 29 of the Evidence Ordinance (Cap. 8); and
(b) a certificate referred to in subsection (2).
(2) In an application under section 8(1), a certificate in the prescribed form stating the matters specified in subsection (3) and purporting to be signed by or for the Authority shall be admitted in evidence without further proof upon its production to the magistrate.
(3) The certificate referred to in subsection (2) shall state that—
(a) payment of the fixed penalty for the scheduled offence specified in a notice under section 6(2) was not made before the date of the certificate;
(b) the person specified in the certificate had not, before the date of the certificate, notified the Authority that he wished to dispute liability for the scheduled offence; and
(c) the address specified in the certificate was, at the date specified in the certificate in relation to the address, the address of the person.
(4) Unless there is evidence to the contrary—
(a) it shall be presumed that the certificate referred to in subsection (2) is signed by or for the Authority; and
(b) the certificate shall be evidence of the facts stated in it.

### Fixed Penalty (Smoking Offences) Ordinance 《定額罰款(吸煙罪行)條例》

10. Review of order
(1) Where a magistrate is satisfied that a notice served under section 6(2) has not come to the personal notice of the person to whom it relates without any neglect by that person, the magistrate may, upon an application by that person, rescind the order made under section 8(1) in respect of the notice.
(2) A person who makes an application under subsection (1) shall give reasonable notice of the application to the Authority who served the notice under section 6(2) in respect of which the order was made.
(3) Upon rescinding the order under subsection (1), the magistrate may—
(a) if the person wishes to dispute liability for the scheduled offence to which the order relates, give leave to that effect; or
(b) if the person does not wish to dispute liability for the scheduled offence—
(i) order him to pay the fixed penalty concerned within a period of 10 days; and
(ii) order that, if he fails to pay the fixed penalty within that period, he shall pay immediately the fixed penalty, an additional penalty equal to the amount of the fixed penalty and the sum of $300 by way of costs.
(4) 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).
(5) An application under subsection (1) shall be made within 14 days from the date that the magistrate is satisfied to be the earliest date on which the order made under section 8(1) came to the personal notice of the person to whom that order relates.
(6) Where a magistrate gives leave under subsection (3)(a), proceedings may be taken, notwithstanding section 26 of the Magistrates Ordinance (Cap. 227), within 6 months from the date on which the magistrate gives the leave.
(7) A magistrate may for good cause, upon 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.
(8) Where a person against whom an order under subsection (3)(b) has been made fails to comply with the order under subsection (3)(b)(ii), 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.
(9) Where a person against whom an order under subsection (3)(b) has been made has complied with the order, he shall not be liable to be prosecuted or convicted for the scheduled offence to which the order relates.