I
Amendment
of section 7.
Amendment
the in- fluence of drink or
druge.
20 & 21 Geo. 5.
c.43, B.15.
3.
(a)
influence of drink or a drug to such an extent as to be incapable of having proper control of the vehicle, shall be liable-
(a) on summary conviction to a line of one thousand dullars or to imprisonment for six months, and in the case of a second or sub- sequent conviction to a fine of two thousand dollars and to such imprisonment as afore- said:
(b) on conviction on indictment to imprisonment
for twelve months and a fine.
(2) A person convicted of an offence under this section shall, unless the court or magistrate for special reasons thinks fit to order otherwise and without prejudice to the power of the court or magistrate to order a longer period of disqualification, be dis- qualified for a period of twelve months from the date of the conviction for hulding or obtaining a licence to drive a motor vehicle.""
Section 7 of the principal Ordinance is amended by the deletion from the first line of subsection (1) of the brackets and number "(1)";
(b) the deletion from the second line of subsection (1) of the comma after the number "*", and of the number "5": (c) the insertion after the number "6," in the second line
of subsection (1) of the following---
"or under any regulation made under this Ordinance relating to the maximum speed at which motor vehicles may be driven"; and
(d) the deletion of subsection (2).
4.
Section 8 of the principal Ordinance is amended by the
of section 8. deletion of subsection (1) and the substitution therefor of the
following-
"() Any person who takes and drives away any motor vehicle without having either the consent of the owner thereof or other lawful authority shall be liable-
(a) on summary conviction to a fine of one thousand
dollars or to imprisonment for six months;
(b) on conviction on indictment to imprisonment for
twelve months and a fine:
Provided that, if on summary proceedings under this section the magistrate, or an proceedings under this section in the District Court the District Judge, or an proceedings under this section on indictment the jury is satisfied that the accused acted in the reasonable belief that he had lawful authority, or in the reasonable belief that the owner would in the circumstances of the case have given his consent, if he had been asked therefor, the accused shall not be liable to be convicted of the offence."
Passed the Legislative Council of Hong Kong, this 26th day of January, 1955-
Deputy Clerk of Councils.
(Secretariat 3/2781/48)