Hong Kong Ordinances

MOTOR VEHICLES INSURANCE (THIRD PARTY RISKS) ORDINANCE - SECT 4

Obligation on users of motor vehicles to be insured against third party risks

Caution: This is a past version. See the current version here.

(1) Subject to the provisions of this Ordinance it shall not be lawful for any
person to use, or to cause or permit any other person to use, a motor vehicle
on a road unless there is in force in relation to the user of the vehicle by
that person or that other person, as the case may be, such a
policy of insurance or such a security in respect of third party risks as
complies with the requirements of this Ordinance.

(2) (a) If a person acts in contravention of this section, he shall be liable
to a fine of $10000 and to imprisonment for 12 months, and a person convicted
of an offence under this section shall (unless the court for special reasons
thinks fit to order otherwise) be disqualified from holding or obtaining a
licence to drive a motor vehicle for such period as the court may determine
being not less than 12 months nor more than 3 years from the date of
conviction. (Replaced 22 of 1976 s. 2)

   (b)  A person disqualified by virtue of a conviction under this section or
        of an order made thereunder for holding or obtaining a licence shall,
        for the purposes of the Road Traffic Ordinance ( Cap 374), be deemed
        to be disqualified by virtue of a conviction under the provisions of
        that Ordinance.

(3) Notwithstanding any enactment prescribing a time within which proceedings
may be brought before a court of summary jurisdiction, proceedings for an
offence under this section may be brought-

   (a)  within a period of 6 months from the date of the commission of the
        alleged offence; or

   (b)  within a period which exceeds neither 3 months from the date on which
        it came to the knowledge of the prosecutor that the offence had been
        committed nor 1 year from the date of the commission of the offence,
        whichever period is the longer.

(4) This section shall not apply to-

   (a)  any motor vehicle which is the property of Her Majesty or the
        Government upon any occasion upon which such vehicle is being used by
        a person authorized by Her Majesty or the Government to use the same
        on such occasion; or

   (b)  any motor vehicle at any time when it is being driven for police
        purposes by, or under the direction of, any police officer; or

   (ba) any motor vehicle at any time when it is being driven by a public
        officer-

        (i)    in connection with a driving or instructor's test conducted by
               him under the Road Traffic Ordinance ( Cap 374);

        (ii)   for the purpose of carrying out any examination, inspection,
               weighing or testing of that vehicle required under that
               Ordinance; or (Added 61 of 1973 s. 2)

        (iii)  in the course of its removal from a road tunnel to which the
               Road Tunnels (Government) Ordinance ( Cap 368) applies; or
               (Replaced 49 of 1981 s. 2)

        (iv)   in the course of its removal from a restricted road, or any
               place on a restricted road or a parking place or car park, in
               an estate managed by the Housing Authority under the
               Housing Ordinance ( Cap 283); or (Added 49 of 1981 s. 2)

   (bb) any motor vehicle at any time when it is being driven within the
        Cross-Harbour tunnel area by a tunnel officer in the course of its
        removal from the tunnel under the Cross- Harbour Tunnel Ordinance (
        Cap  203); or (Added 61 of 1973 s. 2)

   (bc) any motor vehicle at any time when it is being driven by an employee
        of the Mass Transit Railway Corporation in the course of its removal
        from any railway premises, station approach road or entrance under the
        Mass Transit Railway By-laws (Cap 270 sub. leg.); or (Added 49 of 1981
        s. 2)

   (c)  any motor vehicle owned by a person, other than a person specified in
        an order made by the Governor in Council for the purposes of this
        paragraph, who has made a deposit with the Director of Accounting
        Services to the value of $2000000 and has not required such deposit to
        be returned to him, at any time when such motor vehicle is being
        driven by the owner or by a servant of the owner in the course of his
        employment, or is otherwise subject to the control of the owner.
        (Amended 21 of 1968 s. 3; L.N. 16 of 1977; 46 of 1985 s. 2) [cf. 1930
        c. 43 s. 35 U.K.]