10f 1955

5-3

53. 55-

CAP. 220]

[s. 6 cont.]

Restrictions on certain prosecutions.

Vehicle and Road Traffic.

any special reason he thinks fit to order otherwise, order particulars of the conviction to be endorsed on any licence to drive a motor vehicle granted under this Ordinance or any regulations made hereunder.

(3) If on the trial of any indictment for an offence against section 4, the jury are of opinion that the defendant was not guilty of an offence under the said section but was guilty of an offence under this section, the jury may find him guilty of an offence under this section and thereupon he shall be liable to be punished accordingly.

or under any

7. Where a person is prosecuted for an offence under any of the provisions of this Ordinance or of the regulations made under this Ordinance relating to the maximum speed at which motor vehicles may be driven, to reckless or dangerous driving, and to careless driving he shall not be convicted unless either-

(a) he was warned at the time the offence was committed that the question of prosecuting him for manslaughter or for an offence under some one or other of the provisions aforesaid would be taken into consideration; or

(b) within fourteen days of the commission of the offence a summons for the offence was served on him; or

(c) within the said fourteen days a notice of the intended prosecution specifying the nature of the alleged offence and the time and the place where it is alleged to have been committed was served on or sent by registered post to him or the person registered as the owner of the vehicle at the time of the commission of the offence:

Provided that-

(a) failure to comply with this requirement shall not be a bar to the conviction of the accused in any case where the court or magistrate is satisfied that-

(i) neither the name and address of the accused nor the name and address of the registered owner of the vehicle could with reasonable diligence have been ascertained.

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