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on the perceived seriousness of the alleged offence, with the Road Traffic Ordinance being
used for more serious offences.
On the question of disqualification, where an offender is convicted by a magistrate, the magistrate has the power to order a disqualification in prescribed circumstances. Also, under the Road Traffic (Driving-Offence Points) Ordinance (Cap. 375), a magistrate may order a disqualification where an offender has accumulated 15 or more driving-offence points. Where an offender has incurred a disqualification, he does not incur driving-offence points and any previously accrued points are extinguished.
Three categories of offences can be identified when examining the inter-relationship of the alternative procedures for dealing with
offences under the Road Traffic Ordinance. They
are :
First, offences which are not covered by the Fixed Penalty (Criminal Proceedings) Ordinance. These can only be proceeded with by way of information. The Court has a general power under section 69 of the Road Traffic Ordinance to disqualify a person convicted of any offence under the Ordinance. The period of disqualification is not fixed but is "for such period as the
Court thinks fit".
Secondly, offences other than speeding which also give rise to penalty points under the Road Traffic (Driving-Offence
Points) Ordinance. Both methods of
prosecution can be used. If a case is dealt with by information the Court may impose any disqualification it thinks fit.
/If