Hong Kong Ordinances

ROAD TRAFFIC ORDINANCE - SECT 39

Driving a motor vehicle under the influence of drink or drugs

(Past version on 30/06/1997).

(1) A person who drives or attempts to drive or is in charge of a
motor vehicle on any road while he is under the influence of drink or drugs to
such an extent as to be incapable of having proper control of the
motor vehicle commits an offence and is liable-

   (a)  on conviction on indictment to a fine at level 4 and to imprisonment
        for 3 years; and (Amended 39 of 1995 s. 6)

   (b)  on summary conviction on a first offence to a fine at level 3 and to
        imprisonment for 6 months and on a second or subsequent conviction or
        on a conviction subsequent to a conviction under section 39A, 39B or
        39C to a fine at level 4 and to imprisonment for 12 months. (Replaced
        39 of 1995 s. 6)

(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. 7)

(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 3
        months; and

   (b)  in the case of a second or subsequent conviction, or a conviction
        subsequent to a conviction under section 39A, 39B or 39C, for a period
        of not less than 2 years. (Added 23 of 2008 s. 7)

(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 3
        months, 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, or a conviction
        subsequent to a conviction under section 39A, 39B or 39C, 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. (Added
        23 of 2008 s. 7)

(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 3 months,
        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, or a conviction
        subsequent to a conviction under section 39A, 39B or 39C, 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. (Added 23 of 2008 s. 7)

(3) The court or magistrate may deal with the offence as a first offence, or
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) or section 39A, 39B or 39C. (Replaced 23
of 2008 s. 7)

(4) A person is deemed not to have been in charge of a motor  vehicle if he
proves that at the material time the circumstances were such that there was no
likelihood of his driving the motor vehicle so long as he remained under the
influence of drink or drugs to such an extent as to be incapable of having
proper control of the motor vehicle. (Added 39 of 1995 s. 6)

(5) The court or magistrate may, in determining whether there was such a
likelihood as is mentioned in subsection (4), disregard any injury to him and
any damage to the vehicle. (Added 39 of 1995 s. 6)