Penalty Notices Regulations 2026

In exercise of the powers conferred by section 18 of the Police Service Ordinance 2026, the following Regulations are made.

1. Citation and commencement. These Regulations may be cited as the Penalty Notices Regulations 2026 and come into force on 1 October 2026.
2. Interpretation. In these Regulations:

"authorised officer" means:
(a) a police officer;
(b) for offences under the Reef and Marine Parks Ordinance 2026 and the Reef and Marine Parks (Protected Areas) Order 2026, a reef warden; and
(c) for offences under the Ports and Moorings Ordinance 2026, the Harbour Master and officers of the Port Authority;

"the Ordinance" means the Police Service Ordinance 2026;

"penalty offence" means an offence listed in Schedule 1;

"recipient" means a person to whom a penalty notice is given.

3. Penalty offences. (1) A penalty offence may be dealt with by a penalty notice under section 18 of the Ordinance. The fixed penalty for each penalty offence is the amount shown against it in Schedule 1.

(2) Under section 18(4) of the Ordinance, reef wardens, the Harbour Master and officers of the Port Authority are designated as authorised officers for the penalty offences under the laws they enforce.

4. Giving a notice. (1) A penalty notice is given in writing by an authorised officer and states:
   (a) the offence, and the time and place it is alleged to have been committed;
   (b) the fixed penalty;
   (c) how, where and by when the penalty may be paid; and
   (d) how to ask to be tried instead.

(2) A penalty notice may not be given:
(a) to a person under arrest for another offence;
(b) where the conduct involved violence or the threat of violence;
(c) where the conduct caused damage to property of more than $1,000; or
(d) where the conduct created a risk to the safety of any person.

(3) The authorised officer keeps a copy of every notice given.

5. Payment. (1) The fixed penalty must be paid within 14 days of the day the notice is given, at the Police station, Puerto Coral, or at another place stated on the notice.

(2) A written receipt is given for every payment.

(3) A fixed penalty is not paid at Government House or through any website.

6. Effect of payment. Payment of the fixed penalty within the time allowed discharges the recipient's liability to be convicted of the offence. It is not a conviction and does not form part of any criminal record.
7. Asking to be tried. (1) A recipient may ask to be tried for the offence by giving notice, in person or in writing, at the Police station, Puerto Coral, within 14 days of the day the penalty notice is given.

(2) The matter then proceeds in the Magistrates' Court as if no penalty notice had been given.

8. Non-payment. If the fixed penalty is not paid, and the recipient has not asked to be tried, within 14 days of the day the notice is given, the notice lapses and the recipient may be prosecuted for the offence.
9. Limit. No more than 2 penalty notices may be given to the same person for the same penalty offence in any period of 180 days. A further offence of the same kind in that period is dealt with by prosecution.

Schedule 1. Penalty offences