HKSAR v. TSEGMID NYAMDAVAG

HCMA 168/2022

[2022] HKCFI 2168

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO 168 OF 2022

(ON APPEAL FROM ESFN 181 OF 2021)

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BETWEEN

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J U D G M E N T

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1.  On 12 February 2021, you were issued a penalty notice for failing to wear a mask in a public place without lawful authority or reasonable excuse. Then, on 20 April, a notice demanding payment of a fixed penalty was served on you that said you need to pay $5,000. You did not pay that and on 7 September 2021, a magistrate heard an application relating to your failure to pay. That magistrate then made a recovery order ordering you to pay $10,300 within 14 days after the date of service of that notice.

2.  From what you said today, I suspect you were already in custody for this pending case, and that is why you did not receive that notice. In any event, a warrant was issued for your arrest for non-payment of this $10,300 and that warrant was not executed until 15 February this year.

3.  Because of COVID, you were not brought before a magistrate until 17 March 2022. On that day, you acknowledged that there was this fixed penalty and you asked for time to pay and the magistrate gave you until 31 May 2022 to pay the fine.

4.  You then wrote a letter to support an appeal dated 26 May 2022. In this letter, you essentially asked me to review the order or impose another type of penalty.

5.  After hearing what you have to say today and hearing submissions from the prosecution, I am satisfied that you are unable to pay this amount $10,300.

6.  I will order you to serve a term of imprisonment of 14 days in lieu of payment. That means you do not need to pay the fine but you will, for this case, serve 14 days.