Supplementary to question No. 3
in the LegCo Meeting on 4.12.85
Mr. Martin Lee:- Sir, may I first of all thank the Secretary
for a very detailed and carefully prepared answer. May I ask him
for clarification on the following three matters:
Firstly, are there any departmental guidelines as to when a
particular procedure is to be used?
Secondly, if so, is the Secretary prepared to let Members of
this Council have copies of the same; and
Thirdly, is the decision as to which procedure should be used
exercised by a police officer of any rank or only by a relatively
senior police officer?
Secretary for Transport:- Sir, yes, detailed guidelines exist in
the Traffic Wing of the Royal Hong Kong Police Force and these are
used in determining the procedures to be adopted for speeding offences
and under the Ordinances. These are internal instructions, Sir, I would
need to consult the Commissioner of
Police
before undertaking
to distribute copies of these to Members. I will so discuss with him.
As to the question of who takes the decision on which procedure to use,
the practice is that the police officer who stops the motorist in
connection with the offence decides which course of action to take
in accordance with the policy instructions laid down at headquarters
level, and generally speeding in excess of 30 kilometers would attract
the proceeding under the Road Traffic Ordinance, rather than a fixed
penalty.
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