1989 Ed.]
Road Traffic
[CAP. 374
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(3) The Commissioner shall notify an applicant of the Transport Tribunal's decision under subsection (2).
(4) The decision of the Transport Tribunal under subsection (2) shall be final.
PART V
TRAFFIC OFFENCES
36. Causing death by reckless driving
(1) A person who causes the death of another person by driving a motor vehicle on a road recklessly commits an offence and is liable-
(a) on conviction on indictment to a fine of $25,000 and to imprisonment for 5 years; and
(b) on summary conviction to a fine of $12,500 and to imprisonment for 2 years.
(2) A person convicted of an offence under this section shall be disqualified for a period of not less than 2 years in the case of a second or subsequent conviction or of a conviction subsequent to a conviction under section 11(3) of the repealed Ordinance unless the court or magistrate for special reasons orders that he be disqualified for a shorter period or that he not be disqualified:
Provided that when a period of not less than 5 years has elapsed since his last previous conviction of an offence under this section or under section 11(3) of the repealed Ordinance, the court or magistrate may deal with the offence as a first offence.
(3) If on the trial of any person for an offence under subsection (1) the prosecution proves that he drove recklessly but not that he thereby caused the death of another person he shall be acquitted of the offence under subsection (1) and be found guilty of an offence under section 37.
(4) On the trial of any person for an offence under subsection (1) he may be acquitted of that offence and be found guilty of an offence under section 38.
[cf. 1972 c. 20 s. 1 U.K.]
37. Reckless driving
(1) A person who drives a motor vehicle on a road recklessly commits an offence and is liable-
(a) on conviction on indictment to a fine of $20,000 and to imprisonment for 3 years; and
(b) on summary conviction to a fine of $10,000 and to imprisonment for 12 months.
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