Hong Kong Ordinances

ROAD TRAFFIC ORDINANCE - SECT 63

Obligation to give certain information

(1) Where the driver of a vehicle is suspected of having committed an offence
under this Ordinance or, where owing to the presence of a vehicle on a road an
accident occurs, any person, including both the registered owner and the
person suspected of being the driver of the vehicle, shall on demand made
within 6 months after the date of the alleged offence or accident give to a
police officer in the manner prescribed in this section the name, address and
driving licence number-

   (a)  in the case of an alleged offence, of the driver of the vehicle at the
        time of the alleged offence;

   (b)  in the case of an accident, of the driver of the vehicle at the time
        of the accident or of the last driver of the vehicle prior to the
        accident, and his relationship, if any, to any such driver. (Replaced
        66 of 1984 s. 8)

(2) A demand under subsection (1) may be made orally or by means of a notice
served personally or by post on the person on whom it is made.

(3) Where a demand under subsection (1) is made orally to any person he shall-

   (a)  if he was the driver of the vehicle at the time of the alleged 
        offence or accident, or was the last driver of the vehicle prior to
        the accident-

        (i)    give immediately his name and address; and

        (ii)   give the number of his driving licence to a specified police
               officer within 21 days after the date of the demand; and

   (b)  if he was not the driver of the vehicle at the time of alleged 
        offence or accident, or was not the last driver of the vehicle prior
        to the accident, give the information required under subsection (1) to
        a specified police officer either orally or in writing within 21 days
        after the date of the demand. (Amended 66 of 1984 s. 8)

(4) A notice served under subsection (2) shall require the person to whom it
is addressed-

   (a)  to furnish, within 21 days after the date of the notice, to a police
        officer specified therein, a written statement, in such form as may be
        specified in the notice, giving the name, address and driving licence
        number-

        (i)    in the case of an alleged offence, of the driver of the vehicle
               at the time of the alleged offence;

        (ii)   in the case of an accident, of the driver of the vehicle at the
               time of the accident or of the last driver of the vehicle prior
               to the accident, and his relationship, if any, to any such
               driver; and (Replaced 66 of 1984 s. 8)

   (b)  to sign the said statement.

(5) In proceedings for an offence under subsection (6)(a), it shall be a
defence for the defendant to show that he did not know, and could not with
reasonable diligence have ascertained, the name or address or driving  licence
number of the driver of the vehicle at the time of the alleged  offence or
accident or of the last driver of the vehicle prior to the accident, as the
case may be. (Amended 66 of 1984 s. 8)

(6) Subject to subsection (5), any person who-

   (a)  contravenes subsection (1); or

   (b)  knowingly makes a false statement in supplying particulars required
        under subsection (1), commits an offence and is liable to a fine of
        $10000 and to imprisonment for 6 months.

(7) Where a person is convicted of an offence under subsection (6) and the
offence of which he is convicted is an offence in connection with the giving
to a police officer of the name, address and driving licence number of the
driver of a vehicle at the time of an alleged offence, the court before whom
that person is convicted shall have regard to the facts of the alleged offence
in considering- (Amended 66 of 1984 s. 8)

   (a)  the amount of any fine, or period of imprisonment, to impose; and

   (b)  the period, if any, for which to order such person to be disqualified,
        for the offence under subsection (6).

(8) In this section "alleged offence" (被指控罪行) means the suspected
offence referred to in subsection (1).

"alleged offence" (被指控罪行)