Provisions
to certain
legal pro cendinga. 24 & 25 060, à C.50 6.33
6
(5) Where a person in respect of whom an order has been made under this Ordinance, requiring the endorsement of any licence held by bim, bas during a continuous period of three years or upwards since the order was made had no such order made against him, he shall be entitled, either on applying for the grant of a licence under this Ordinance, or, subject to payment of a fee of five dollars and subject to sur- render of any subsisting licence, at any time, to have issued to him a new licence free from endorsementa :
Provided that, in reckoning the said period of three years, any period during which the person was by virtue of the order disqualified for holding or obtaining a licence shall be excluded.
(6) Where a Judge or Magistrate orders particulars to be endorsed on a licence held by any person, or where by a conviction or order of a Judge or Magistrate a person is dis- qualified for holding or obtaining a licence, the Judge or Magistrate shall send notice of the conviction or order to the licensing authority by which the licence was granted, and, in a case where a person is so disqualified, shall also on the production of the licence for the purpose of endorsement retain the licence and forward it to the authority by which it was granted, and that authority shall keep the licence until the disqualification has expired or been removed and the person entitled to the licence has made a demand in writing for its return to him.
Where the disqualification to which a person has become subject is limited to the driving of a motor vehicle of a particular class or description, the licensing authority to whoan that person's licence has been forwarded under this subsection shall forthwith after the receipt thereof issue to that person a new licence on which there shall be indicated in the prescribed manner the class or description of vehicle which the holder of the licence is not thereby authorised to drive, and the licence so issued shall remain in force either for the unexpired period of the original licence or for the period of the disqualification, whichever is the shorter.
(7) Where on an appeal against any such order the appeal is allowed, or where any such conviction is quashed, the Judge by which the appeal is allowed or the conviction is quashed shall send notice thereof to the licensing authority by which the licence was granted.
12. (1) Purticulars of a conviction endorsed on a licence to drive a motor vehicle may be produced as primo facie evidence of the conviction.
(2) Where a person is prosecuted for driving a motor vehicle on a road at a speed exceeding a speed limit imposed by or under any enactment, or for an offence under sectiona 4, 5 or 6, then, if at the time of the alleged offence he is the holder of a licence to drive a motor vehicle he shall either cause it to be delivered to the Magistrate's clerk not later than the day before the date appointed for the hearing, or send it by registered letter duly addressed to the clerk and posted at such a time that in the ordinary course of post it would be delivered not later than that day, or have it with him at the hearing and, if he is convicted of the offence, the Magistrate may require the licence to be produced to him.
(3) If default is made in the production of a licence pursuant to a requirement under the last foregoing subsection, the holder shall be guilty of an offence, and the licence shall be suspended from the time of the requirement until it is produced to the Magistrale.
13. Upon the trial of a person who is indicted for manalaughter in connection with the driving of a motor vehicle by him, it shall be lawful for the Jury, if they are satisfied that he is guilty of an offence under section 4 to find him guilty of that offence, whether or not the requirements of section 7 have been satisfied as respects that offence.
14. (1) Any person convicted of an offence against the provisions of this Ordinance or of any regulation made under the provisions of this Ordinance or of any condition upon which any licence has been issued to or is held by such person under the provisions of this Ordinance or any regulation made under the provisions of this Ordinance may be ordered by the Judge or Magistrate to pay to any person to whom such Judge or Magistrate may think that any compensation should be paid in respect of any injury, loss, or otherwise, compensation not exceeding three hundred dollars, in addition to the penalty provided for under the provisions of this Ordinance, and in default of payment of such compensation the Magistrate may order the person ordered to pay the same to be imprisoned for any term not exceeding two months in respect of such default.
(2) The payment of such compensation or imprisonment in default thereof shall be a bar to any further proceedings at the suit of the person to whom any such compensation has been ordered to be made:
Provided that no such order for the payment of any such compensation shall be made unless the party who has suffered any such injury, or loss or otherwise sustained damage con- sents thereto.
15. Any person who contravenes or fails to comply with any of the provisions of this Ordinance or of any Regulation made under the provisions of Section 3 of this Ordinance, or of any condition upon which any licence under the provisions of this Ordinance or the Regulations made hereunder has been issued shall be guilty of an offence against this Ordinance and where no other penalty is provided shall on summary conviction be liable in respect of each offence to a fine not exceeding five hundred dollars and to imprison- ment for a term not exceeding six months.
Power Lo convict for rackdown or dangerous drying.
on trial
for
slaughter. 24 & 26
Gea, S
C.80 3.84
Compauta $ion for injury, how
grooted.
Compensa
on a but Legal pro
ceedings but
at option of complaisant
Penalty.
16. The Vehicles and Traffic Regulation Ordinance, Repeal. 1912, and the Vehicles and Traffic Regulation (Amendment) Ordinance, 1946, are hereby ropealed.
Passed the Legislative Council of Hong Kong, this 27th day of March, 1947.
༢ ིང་ཁྲི་ནས་བཞི་ཁོག་གཅིག་བར་དར་ནག་སྐད་དུ། བྱ་བ་མི་
Deputy Clerk of Councils.