Enclosure No. 4
A BILL
TO
Amend the Road Traffic Ordinance.
Enacted by the Governor of Hong Kong, with the advice and consent
of the Legislative Council thereof.
1. This Ordinance may be cited as the Road Traffic (Amendment) Short title. Ordinance 1980.
2.
Section 29 of the principal Ordinance is amended—
(a) by inserting after subsection (5) the following-
"(5A) Without prejudice to subsection (5), any court or magistrate before whom a person is convicted of an offence under that subsection—
(a) shall have the same powers and duties to disqualify such person from holding or obtaining a driving licence as the court or magistrate would have had if, instead of being convicted of that offence, such person had been convicted of the alleged offence; and (b) shall have regard to the facts of the alleged offence
in considering-
(i) the amount of any fine, or period of imprison- ment, to be imposed; and
(ii) the period, if any, for which to order such person to be disqualified,
for the offence under subsection (5); and
(c) may, in addition to imposing any penalty, order such person to comply with the demand made under subsection (1) and may annex to any such order any condition as to the time or mode of compliance or otherwise which the court or magistrate may think necessary in order to enforce compliance with the order.
(5B) Any person who makes default in complying with an order of the court or a magistrate under subsection (5A)(c) shall be liable to a fine of $50 for every day during which the default continues or to be imprisoned until he has remedied his default:
Provided that any such
any such person shall not for non- compliance with such order be liable-
(a) to the payment of any sums amounting in the
aggregate to more than $5,000; or
(b) to imprisonment for more than 6 months,
in addition to any other fine, term of imprisonment or period of disqualification to which he may be liable.";
(b) in subsection (6) by deleting "suspected offence referred to in
subsection (1)" and substituting the following-
"alleged offence"; and
(c) by inserting after subsection (6) the following-
"(7) In this section "alleged offence" means the suspected offence referred to in subsection (1).".
Amendment of section 29.
(Cap. 220.)