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

11. Service of summons of proceedings
Where a person—
(a) has notified the Authority, in accordance with a notice under section 6(2), that he wishes to dispute liability for a scheduled offence; or
(b) has been given leave to dispute liability for the offence under section 10(3)(a),
then a summons issued in any proceedings against him in respect of the offence may be served on him in accordance with section 8 of the Magistrates Ordinance (Cap. 227).

12. Additional penalty imposed in proceedings on liability
(1) This section applies where a person—
(a) has notified the Authority, in accordance with a notice under section 6(2), that he wishes to dispute liability for a scheduled offence; or
(b) has been given leave to dispute liability for the offence under section 10(3)(a),
and in consequence of the notification or leave, appears in any proceedings in answer to a summons.
(2) Where this section applies, if the person is convicted of the scheduled offence after having offered no defence or a defence which is frivolous or vexatious, the magistrate before whom the proceedings are heard shall, in addition to any other penalty and costs, impose an additional penalty equal to the amount of the fixed penalty for the offence.

13. Payment of fixed penalty after issue of summons
(1) Notwithstanding that proceedings have been taken against a person who has notified the Authority in accordance with a notice under section 6(2) that he wishes to dispute liability for a scheduled offence, if the person pays the full amount of the fixed penalty for the offence together with an additional penalty equal to the amount of the fixed penalty and the sum of $500 by way of costs in accordance with subsection (2), the proceedings shall then terminate.
(2) Payment under subsection (1) shall be made at any magistracy not less than 2 days before the day specified in the summons for the person’s appearance, and the summons shall be produced at the time of payment.
(3) Neither a Saturday nor a public holiday shall be included in the computation of the 2 days’ period mentioned in subsection (2). (Amended 18 of 2016 s. 34)

14. Protection for public officers acting in good faith
(1) A public officer shall not be personally liable in respect of any act done by him while exercising any of his powers under this Ordinance and within the scope of his employment, if he did that act in the honest belief that he was entitled to do it.
(2) Nothing in this section shall be construed as relieving the Government from liability in respect of the acts of public officers.
(3) In this section, public officer (公職人員) includes a person specified as the Authority under section 17(1)(a).

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

15. Obstruction of public officers
A person who resists or wilfully obstructs a public officer exercising his powers under this Ordinance commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 6 months.

16. Power to make regulation
The Secretary for Health may by regulation— (Amended L.N. 144 of 2022)
(a) prescribe any notice or certificate which under this Ordinance is to be or may be prescribed;
(b) specify the persons to whom and the places at which a fixed penalty, an additional penalty or any other sums payable under this Ordinance may be paid;
(c) specify the manner of payment of a fixed penalty, an additional penalty or any other sums payable under this Ordinance; and
(d) provide for the better carrying out of the provisions of this Ordinance.

17. Specification of Authority and public officer
(1) The Secretary for Health may, for the purposes of this Ordinance and in relation to a scheduled offence, specify by notice published in the Gazette— (Amended L.N. 144 of 2022)
(a) the Authority; and
(b) a public officer or a class of public officers.
(2) A notice under subsection (1) is subsidiary legislation.

18. Revision of fixed penalty
The Legislative Council may by resolution vary the fixed penalty in relation to a scheduled offence.

### Prevention and Control of Disease Ordinance 《預防及控制疾病條例》

1. Short title
(Amended E.R. 1 of 2013)(1) This Ordinance may be cited as the Prevention and Control of Disease Ordinance.
(2) (Omitted as spent—E.R. 1 of 2013)

### Prevention and Control of Disease Ordinance 《預防及控制疾病條例》

3. Power to seize articles
(1) With the approval in writing of the Director, a health officer may, for the purpose of the control or preventing the spread of any disease that poses a public health risk, seize any article or part of an article if the health officer has reason to believe the article or the part—
(a) is an infectious agent; or
(b) contains an infectious agent.
(2) A health officer may cause any tests to be performed on an article or part of it that is seized under subsection (1).
(3) The owner of the article or part of the article or a person who has possession of the article or the part shall furnish such reasonable assistance as a health officer may require of that person for the purpose of exercising the health officer’s power of seizure.
(4) A person who contravenes subsection (3) commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months.

4. Forfeitures of articles
(1) If a person lands or attempts to land, or otherwise brings into Hong Kong, any article in contravention of this Ordinance, the article shall be liable to be forfeited by a health officer.
(2) Subsection (1) does not apply to the landing of or bringing into a place of isolation or quarantine any article under the direction of a health officer.

5. Powers of arrest
(1) If a health officer or a police officer reasonably suspects that a person has committed or is committing an offence under this Ordinance, the health officer or the police officer may stop, detain or arrest that person without warrant.
(2) If a person obstructs a health officer, a police officer, a member of the Auxiliary Medical Service or a member of the Civil Aid Service or a public officer appointed under this Ordinance who is exercising a power or performing a function under this Ordinance, or assists in any such obstruction, that officer or member may arrest that person without warrant.
(3) Where a health officer or a member of the Auxiliary Medical Service or a member of the Civil Aid Service or a public officer appointed under this Ordinance arrests a person under this section, the person who made the arrest shall deliver the person arrested to a police officer as soon as practicable.
(4) This section is in addition to and not in derogation of the powers or authority a police officer would have apart from this section.