56

CAP. 374]

Road Traffic

[1989 Ed.

driving permit or domestic driving licence, commits an offence and is liable to a fine of $3,000 and to imprisonment for 1 month.

72. Removal of disqualification

(1) A person who by virtue of the order of a court is disqualified other than under section 70(2) may at any time apply for an order removing the disqualification, and on any such application the court may, having regard to the character of the person disqualified and his conduct subsequent to the order, the nature of the offence and any other circumstances of the case, either refuse the application or remove the disqualification as from such date, subject to subsection (2), as may be specified in the order. (Amended 43 of 1986 s. 5)

(2) In the case of an offence for which a minimum period of disqualification is specified by this Ordinance, the date from which a disqualification may be removed under subsection (1) shall not be a date earlier than the date of expiration of such period, disregarding any time after the conviction or order for disqualification during which the disqualification was suspended or the applicant was not disqualified.

(3) An application under subsection (1) shall be made-

(a) where the disqualification was imposed by the High Court, to the High Court;

(b) where the disqualification was imposed by the District Court, to the High Court or District Court;

(c) where the disqualification was imposed by a magistrate, to the High Court, the District Court or any magistrate.

(4) When an application under subsection (1) is refused, no further application thereunder shall be entertained which is made less than 3 months after the date of the refusal or, as the case may be, the last refusal.

(5) An application under subsection (1) shall not be heard unless not less than 14 days' notice in writing setting forth the grounds of the application has been given to the Commissioner of Police.

(6) A court which orders a disqualification to be removed shall cause notice of the order to be sent to the Commissioner and to the Commissioner of Police and may in any case order the applicant to pay the whole or any part of the costs of the application.

73. Evidence by certificate

(1) In any proceedings for an offence under this Ordinance, a certificate in the form set out in Form 1 of Schedule 2 purporting to be signed by a police officer and certifying that a plan or drawing exhibited thereto is a plan or drawing made by him of the place or object specified in the certificate, and that the plan or drawing is correctly drawn to a scale so specified, shall be admissible as evidence of the relative positions of the things shown on the plan or drawing.

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