Section 39
Contravention of condition in licence, permit, etc., an offence
of Interpretation Ordinance, 2005, 2005
If by virtue of any written law it is an offence to do any act or thing without a licence, permit, approval, or other authority, the contravention of any condition to which any such licence, permit, approval or other authority has lawfully been made subject shall itself be an offence, punishable in like manner and with the like penalties as the offence first mentioned.
A reference to an offence to include attempts, abetments, conspiracies and where applicable the offence provided for by section 39 40.—
Whenever by any written law a power is conferred or a duty is imposed which is to be exercised or performed consequential upon a conviction of an offence, or in relation to a person who is detained in custody for that offence, or a reference is otherwise made to that offence, then, that power or duty or that reference shall be deemed to be also exercisable, performable or referable to, as the case may be—
(a)
an attempt to commit that offence;
(b)
an abetment of that offence;
(c)
a conspiracy to commit that offence; and
(d)
if the offence is of a character as is mentioned in the first part of section 39, the offence referred to in the latter part of that section.
(2)
Subsection (1) shall apply to powers of imposing pecuniary penalties and of forfeiture, seizure and search, and to powers and discretions to cancel, suspend or refuse to issue any licence, permit or other authorization, but nothing in this section shall apply to any offence for which a sentence of death may be imposed, or be deemed to authorize the imposition of any sentence of imprisonment otherwise than in default of payment of any pecuniary penalty which may be imposed by virtue of this section.
Imposition of a penalty not a bar to civil action