Hong Kong Ordinances

WESTERN HARBOUR CROSSING ORDINANCE - SECT 53

Obligation to give information relating to the driving of vehicles

(Past version on 30/06/1997).

PART XI

TRAFFIC OFFENCES: SUPPLEMENTARY PROVISIONS

(1) Without prejudice to section 63 of the Road Traffic Ordinance ( Cap 374),
where the driver of a motor vehicle is suspected of having committed an
offence under any bylaw made under section 32 in the tunnel  area, any person,
whom a tunnel officer has reason to believe is able to give information
relevant to the matter (including both the registered owner of the vehicle and
the person suspected of being the driver of the vehicle at the time of the
alleged offence), shall, on demand made within 6 months after the date of the
alleged offence, give such tunnel officer in the manner specified in this
section the name, address and driving licence number of the person driving the
vehicle at the time of the alleged offence and his relationship (if any) to
the driver. (Amended 29 of 1999 s. 2)

(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-

        (i)    give immediately his name and address; and

        (ii)   give the number of his driving licence to a specified tunnel
               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 the alleged
        offence, give the information required under subsection (1) to a
        specified tunnel officer either orally or in writing within 21 days
        after the date of the demand.

(4) A notice 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 tunnel
        officer specified therein, a written statement, in such form as may be
        specified in the notice, giving the name, address and driving licence
        number of the person driving the vehicle at the time of the alleged
        offence and his relationship (if any) to the driver; and

   (b)  to sign such statement.

(5) Any person who contravenes subsection (1) commits an offence and shall be
liable on conviction to a fine of $4000 and to imprisonment for 6 months.

(6) In proceedings for an offence under subsection (5), it shall be a defence
to show that the accused person did not know, and could not with reasonable
diligence have ascertained, the name or address or driving licence number of
the person driving the vehicle at the time of the alleged offence. (Enacted
1993)