Cap 240 s 3 Fixed penalty (FIXED PENALTY (CRIMINAL PROCEEDINGS) ORDINANCE)

Contents of Section

Chapter:	240	Title:	FIXED PENALTY (CRIMINAL PROCEEDINGS) ORDINANCE	Gazette Number:
Section:	3	Heading:	Fixed penalty	Version Date:	30/06/1997

(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,

with in 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.