Hong Kong Ordinances

ROAD TRAFFIC ORDINANCE - SECT 36

Causing death by dangerous driving

(Past version on 04/07/2008).
(Past version on 01/07/2000).
(Past version on 30/06/1997).

PART V

TRAFFIC OFFENCES

(1) A person who causes the death of another person by driving a motor vehicle
on a road dangerously commits an offence and is liable-

   (a)  on conviction on indictment to a fine at level 5 and to imprisonment
        for 10 years; (Amended 23 of 2008 s. 5)

   (b)  on summary conviction to a fine at level 4 and to imprisonment for 2
        years.

(2) If a court or magistrate convicts a person of an offence under subsection
(1), the court or magistrate shall order that the person be disqualified in
accordance with subsection (2A) or (2B) unless the court or magistrate for
special reasons orders that the person be disqualified for a shorter period or
that the person not be disqualified. (Replaced 23 of 2008 s. 5)

(2A) Subject to subsection (2B), the person is to be disqualified-

   (a)  in the case of a first conviction, for a period of not less than 2
        years; and

   (b)  in the case of a second or subsequent conviction, for a period of not
        less than 3 years. (Added 23 of 2008 s. 5)

(2B) If the court or magistrate has ordered the person to attend and complete
a driving improvement course under section 72A(1A), the person is to be
disqualified-

   (a)  in the case of a first conviction, for a period of not less than 2
        years, or until the person has attended and completed the course at
        his own cost, whichever is the later; and

   (b)  in the case of a second or subsequent conviction, for a period of not
        less than 3 years, or until the person has attended and completed the
        course at his own cost, whichever is the later. (Added 23 of 2008 s.
        5)

(2C) For the purposes of subsection (2), a person to whom subsection (2B)
applies is disqualified for a shorter period if he is disqualified-

   (a)  in the case of a first conviction, for a period of less than 2 years,
        or until the person has attended and completed the driving 
        improvement course at his own cost, whichever is the later; and

   (b)  in the case of a second or subsequent conviction, for a period of less
        than 3 years, or until the person has attended and completed the
        driving improvement course at his own cost, whichever is the later.
        (Added 23 of 2008 s. 5)

(3) The court or magistrate may deal with the conviction of an offence as a
first conviction if, as at the date on which the offence was committed, at
least 5 years have elapsed since the person's last conviction under subsection
(1). (Replaced 23 of 2008 s. 5)

(4) A person is to be regarded as driving dangerously within the meaning of
subsection (1) if-

   (a)  the way he drives falls far below what would be expected of a
        competent and careful driver; and

   (b)  it would be obvious to a competent and careful driver that driving in
        that way would be dangerous.

(5) A person is also to be regarded as driving dangerously within the meaning
of subsection (1) if it would be obvious to a competent and careful driver
that driving the motor vehicle concerned in its current state would be
dangerous.

(6) For the purposes of subsections (4) and (5), "dangerous" refers to danger
either of injury to any person or of serious damage to property.

(7) For the purposes of subsections (4) and (5), in determining what would be
expected of, or obvious to, a competent and careful driver in a particular
case, regard shall be had to all the circumstances of the case including-

   (a)  the nature, condition and use of the road concerned at the material
        time;

   (b)  the amount of traffic which is actually on the road concerned at the
        material time or which might reasonably be expected to be on the road
        concerned at the material time; and

   (c)  the circumstances (including the physical condition of the accused) of
        which the accused could be expected to be aware and any circumstances
        (including the physical condition of the accused) shown to have been
        within the knowledge of the accused.

(8) In determining for the purposes of subsection (5) the state of the
motor vehicle, regard may be had to anything attached to or carried on or in
it and to the manner in which it is attached or carried.

(9) If on the trial of any person charged with an offence under subsection (1)
the prosecution proves that the person charged drove dangerously but not that
he caused the death of another person by so driving, the person charged shall
be acquitted of the offence under subsection (1) and be found guilty of an
offence under section 37.

(10) On the trial of any person charged with an offence under subsection (1),
the person charged may be acquitted of the offence under subsection (1) and be
found guilty of one or more offences under section  38 , 39 or 39A. (Replaced
33 of 2000 s. 2)