Page:Fixed Penalty (Smoking Offences) Ordinance (Cap. 600).pdf/5

(3) A public officer may arrest a person who, without reasonable excuse, fails to comply with a requirement made under subsection (1).

(4) Without prejudice to the generality of section 51 of the Police Force Ordinance (Cap. 232), a public officer who arrests any person under subsection (3) shall forthwith take him to the nearest police station or deliver him into the custody of a police officer.

(5) In this section, “proof of identity” (身分證明文件), in relation to the person as referred to in subsection (1), has the same meaning as in section 17B of the Immigration Ordinance (Cap. 115).

5. Supply of false information

A person who, in purported compliance with a requirement made under section 4(1), supplies any particular of his name, address or contact telephone number which he knows to be false or misleading commits an offence and is liable on conviction to a fine at level 3.

6. Further fixed penalty notice served by Authority

(1) This section applies where a person—

(a) having been given a notice under section 3(1) has not paid the fixed penalty for the scheduled offence specified in the notice within the period referred to in that section; or

(b) refuses to accept a notice intended to be given to him under section 3(1) in respect of a scheduled offence.

(2) Where this section applies, the Authority shall serve on the person a notice in the prescribed form—

(a) demanding payment of the fixed penalty for the scheduled offence;

(b) informing the person that if he wishes to dispute liability for the offence he should notify the Authority in writing; and

(c) stating that the payment or notification (as the case may be) shall be made within 10 days from the date of the notice so served.

(3) A notice under subsection (2) shall be served—

(a) where subsection (1)(a) applies, within 6 months from the date of the notice given under section 3(1); and

(b) where subsection (1)(b) applies, within 6 months from the date on which the person refuses to accept the notice.

(4) A notice under subsection (2) may be served on the person by sending it by post to his address.