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Prevention and Control of Disease (Vaccine Pass) Regulation

Schedule—Part 4
L.N. 14 of 2022
Section 12
B175

(6) If the applicant has complied with the order under subsection (3)(a) or (b), the applicant is not liable to be prosecuted or convicted for the offence to which the order relates.

Part 4
Proceedings if Person Disputes Liability

12. Dispute of liability for offence

(1) This section applies if—

(a) a person has notified the Authority in accordance with a demand notice that the person wishes to dispute liability for an offence under section 5(4); or
(b) a person has been given leave under section 11(2) of this Schedule to dispute liability for an offence under section 5(4).

(2) A summons issued in any proceedings against the person for the offence may be served on the person in accordance with section 8 of the Magistrates Ordinance (Cap. 227).

(3) If—

(a) in consequence of the notification or leave, the person appears in any proceedings in answer to a summons; and
(b) the person is convicted of the offence after having offered no defence or a defence that is frivolous or vexatious,

the magistrate before whom the proceedings are heard must, in addition to any other penalty and costs, impose an additional penalty equal to the amount of the fixed penalty.