### Fixed Penalty (Criminal Proceedings) Ordinance 《定額罰款(刑事訴訟)條例》

3. Fixed penalty
(1) If a police officer has reason to believe that a person is committing or has committed a scheduled offence, he may give that person a notice in the prescribed form offering that person an opportunity to discharge any liability to conviction for that offence by payment of the fixed penalty therefor at any place specified in the notice.
(2) A notice under subsection (1) shall be given by the police officer to the person concerned—
(a) by delivering it personally to that person; or
(b) by fixing it to the vehicle used or involved in the commission of the offence:
Provided that the operation of this section, section 3A and section 5 shall not be affected by a failure to comply with this subsection. (Added 57 of 1981 s. 2)
(3) Subject to subsection (4), where the Commissioner of Police is of the opinion that a person alleged to be guilty of a scheduled offence ought to be proceeded against under this Part in respect thereof, he shall, as soon as practicable after the commission of the offence, serve on that person a notice—
(a) demanding payment of the fixed penalty; and
(b) informing the person that if he wishes to dispute liability for the offence, he should so notify the Commissioner of Police. (Amended 57 of 1981 s. 2)
(4) A notice under subsection (3) shall be served within 1 month of the commission of the offence:
Provided that where the identity or address of the person to be served is not ascertained within 7 days after the commission of the offence, the notice may be served not more than 6 months after the commission of the offence.
(5) A notice under subsection (3) shall be served by sending it by post to the registered address of the person to be served.
(6) A notice under subsection (3) shall be in the prescribed form and shall state that the person on whom it is served is required—
(a) to pay the fixed penalty; or
(b) to notify the Commissioner of Police that he wishes to dispute liability for the offence,
within 21 days after the date of the notice. (Replaced 57 of 1981 s. 2)
(7) Where a notice under subsection (3) is served on any person, no proceedings shall be taken against that person in respect of the offence specified in the notice until the expiry of 21 days after the date of the notice.
(8) Subject to section 4, where a person has received a notice under subsection (1) or (3) and has paid the full amount of the fixed penalty shown in the notice, he shall not be liable to be prosecuted or convicted for the scheduled offence specified in the notice.

### Fixed Penalty (Criminal Proceedings) Ordinance 《定額罰款(刑事訴訟)條例》

3A. Recovery of fixed penalty in certain circumstances
(1) Where a person on whom a notice under section 3(3) has been served has not paid the fixed penalty and has not notified the Commissioner of Police, in accordance with that notice, that he wishes to dispute liability for the offence, a magistrate shall, on an application which may be made in the absence of that person, order him to pay the fixed penalty together with an additional penalty equal to the amount of the fixed penalty and costs of not less than $80 or more than $1,500, within 14 days of being served with notice of the order. (Amended 10 of 2008 s. 16)
(2) Where an order is made under subsection (1) the magistrate shall cause notice of the order to be served on the person to whom the order relates.
(3) Notice of the order made under subsection (1) may be served by sending it by post to the registered address of the person to be served.
(4) If the person against whom an order has been made under subsection (1) 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 have paid a sum adjudged to be paid by a conviction and shall be liable to be imprisoned under that section. (Amended 10 of 2008 s. 16)
(5) 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. (Amended 12 of 1984 s. 3; 10 of 2008 s. 16)
(6) An application under subsection (1) shall be in the name of the Secretary for Justice, who may appoint any person or class of person to make the application. (Amended L.N. 362 of 1997)
(Added 57 of 1981 s. 3)

### Fixed Penalty (Criminal Proceedings) Ordinance 《定額罰款(刑事訴訟)條例》

4. Withdrawal of fixed penalty notices
(1) Where a notice under section 3(1) or (3) has been served on any person, the Commissioner of Police may, at any time before the commencement of proceedings against that person in respect of the scheduled offence specified in the notice, and whether or not an order under section 3A(1) has been applied for, but before such order is made, withdraw that notice, and may serve on that person a notice in writing informing him that the notice has been withdrawn. (Amended 12 of 1984 s. 4)
(2) Where a notice under section 3(1) or (3) has been withdrawn under this section and any sum of money has been paid pursuant to that notice, the Director of Accounting Services shall, on demand by the person on whom the notice was served, repay to that person the sum so paid. (Amended L.N. 16 of 1977)
(3) The withdrawal of a notice under section 3(1) or (3) shall not be a bar to any proceedings in respect of the scheduled offence specified in the notice.

5. Service of summons
(1) Where—
(a) a person fails to pay the fixed penalty in accordance with a notice served on him under section 3(3); and
(aa) he notifies the Commissioner of Police that he wishes to dispute liability for the offence or he is given leave under section 3B(1)(a); and (Added 57 of 1981 s. 5. Amended 12 of 1984 s. 5)
(b) proceedings are taken against him in respect of the scheduled offence specified in the notice,
then, notwithstanding section 8 of the Magistrates Ordinance (Cap. 227), a summons issued in those proceedings may be served on the person named therein by sending it by post to the registered address of that person.
(2) Upon the production by the prosecution of—
(a) a certificate of posting of that summons under section 29 of the Evidence Ordinance (Cap. 8); and
(b) a certificate under section 8,
it shall, subject to section 6(2), be conclusively presumed that the summons under subsection (1) to which the certificates relate was duly served.

6. Proceedings in absence of defendant
(1) If a person served with a summons under section 5 does not appear before the court at the time and place required by the summons and service is proved under section 5(2), the court may hear and determine the case in the absence of the defendant.
(2) For the purposes of subsection (1), a summons shall be deemed not to have been served unless service was effected at a reasonable time before the time appointed in the summons for the appearance of the defendant before the court.