Hong Kong Ordinances

TSING SHA CONTROL AREA ORDINANCE - SECT 14

Obligation to give information

(1) In this section, “specified offence” (指明罪行) means an offence
under this Ordinance, the Road Traffic Ordinance ( Cap 374) or the Road 
Traffic (Driving-offence Points) Ordinance ( Cap 375).

(2) If an authorized officer suspects that the driver of a vehicle has
committed a specified offence in the Control Area, the officer may, within 6
months after the date of the alleged offence—

   (a)  require the person suspected of being the driver of the vehicle at the
        time of the alleged offence to give his name, address and driving
        licence number; and

   (b)  require any other person, including the registered owner of the
        vehicle, to give the following particulars—

        (i)    the name, address and driving licence number of the person who
               was the driver of the vehicle at the time of the alleged
               offence; and

        (ii)   his relationship (if any) to the driver.

(3) A requirement made of a person under subsection (2) may be made orally or
by means of a notice served personally or by post on him.

(4) If an authorized officer makes an oral requirement under subsection (2) of
a person—

   (a)  if that person was the driver of the vehicle at the time of the
        alleged offence, he shall give his name, address and driving licence
        number to the authorized officer; or

   (b)  if that person was not the driver of the vehicle at the time of the
        alleged offence, he shall give the information required under
        subsection (2) either orally or in writing within 21 days after the
        date of the requirement to an authorized officer specified by the
        authorized officer who made the requirement.

(5) If a requirement under subsection (2) is made of a person by means of a
notice, he shall—

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

   (b)  sign the statement; and

   (c)  provide, within 21 days of the service of the notice on him, the
        statement to an authorized officer specified in the notice.

(6) Subject to subsection (7), a person who fails to comply with a requirement
made of him under subsection (2) in accordance with subsection

(4) or (5) commits an offence and is liable on conviction to a fine at level 2
and to imprisonment for 6 months.

(7) In any proceedings for an offence under subsection (6), it is a defence
for the person charged to prove that he did not know, and could not with
reasonable diligence have ascertained, the name, address or driving licence
number, as may be applicable, of the person who was the driver of the vehicle
at the time of the alleged offence. “specified offence” (指明罪行)