Dangerous
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PART III Driving Offences.
8. (1) Any person who drives dangerously shall be guilty driving and of an offence and shall be liable-
causing
death or
injury thereby.
(Cap. 2301.
(a) on summary conviction, to a fine of one thousand dollars and to imprisonment in the case of a first conviction for six months and in the case of a second or subsequent conviction or of a conviction subsequent to a conviction under section 4 of the Vehicle and Road Traffic Ordinance to a fine of two thousand dollars and to imprisonment for six months; or
(b) on conviction on indictment, to a fine of five thousand
dollars and to imprisonment for two years.
(2) A person drives dangerously within the meaning of this section if he drives a motor vehicle on a road at a speed or in a manner which is dangerous to the public, having regard to all the circumstances at the time, including the nature, condition and use of the road, and the amount of traffic which is, or might reason- ably be expected to be, then on the road.
(3) Without prejudice to the provisions of subsection (1), any person who drives dangerously and thereby causes the death of or grievous bodily injury to another person shall be guilty of an offence and shall be liable, on summary conviction, to a fine of two thousand dollars and to imprisonment for twelve months and, on conviction on indictment, to a fine of five thousand dollars and to imprisonment for five years,
(4) Any person convicted of a second or subsequent offence under this section or of an offence under this section having been (Cap. 220), previously convicted of an offence under section 4 of the Vehicle and Road Traffic Ordinance shall be disqualified from holding or obtaining a driving licence for not less than twelve months :
Provided that where a period of not less than three years has elapsed since his last previous conviction for an offence under this section or under Section 4 of the Vehicle and Road Traffic Ordinance, the court or magistrate may deal with the offence as a first offence.
(5) If on the trial of any person for an offence under sub- section (3), the court or jury is satisfied that he drove dangerously but is not satisfied that he thereby caused the death of, or
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grievous bodily injury to, another person, the court or jury shall acquit him of the offence under subsection (3) and shall find him guilty of an offence under subsection (1).
(6) On the trial of any person for manslaughter arising out of his dangerous driving, the jury may acquit him of manslaugh- ter and may find him guilty of an offence under subsection (1) or subsection (3).
(7) On the trial of any person for an offence under subsection (1), the court or magistrale may acquit him of that offence and may find him guilty of an offence under section 12 (which relates to careless driving).
(8) If on the application of a police officer it appears to a magistrate that there is reasonable cause to believe that a motor vehicle which has been driven dangerously in contravention of the provisions of subsection (1) or (3) may be found in any premises or place, the magistrate may, by warrant under his hand addressed to any police officer empower such police officer with such assistance as may be necessary by day or by night, to enter the said premises or place at any time within forty-eight hours of the signing of the warrant and to inspect any vehicle therein and to make inquiries therein with respect to any such vehicle.
10. (1) Any person who drives or attempts to drive or is in Driving charge of a motor vehicle on any road while he is under the a motor
vehicle influence of drink or drugs to such an extent as to be incapable under
Influence of having proper control of the motor vehicle shall be guilty of an of drink
offence and shall be liable-
or drugs.
(a) on summary conviction, to a fine of one thousand dollars and to imprisonment for six months and in the case of a second or subsequent conviction or of a conviction sub- sequent to a conviction under section 5 of the Vehicle (Cap. 220). and Road Traffic Ordinance, to a fine of two thousand dollars and to imprisonment for twelve months; or
(b) on conviction on indictment, to a line of five thousand
dollars and to imprisonment for two years.
(2) Any person convicted of an offence under this section shall be disqualified from holding or obtaining a driving licence for a period of-
(a) in the case of a first conviction for such an offence, not
less than twelve months; and