Compensa-
tion for injury.
28
a variation of any such document, or for the purpose of prevent- ing the issue or variation of any such document or preventing the imposition of any addition or limitation in relation to any such document, knowingly makes any false statement, shall be guilty of an offence.
(3) If it appears to the Commissioner that any declaration or statement made by the person, to whom a driving licence, vehicle licence, permit, certificate or other document, was issued under the provisions of this Ordinance or of any regulations made thereunder, for the purpose of obtaining the issue or variation of any such document, is untrue, the Commissioner, after giving to such person not less than seven days notice in writing of his intention so to do, may revoke or cancel such document and if such person fails to deliver such document to the Commissioner within ten days of receiving such notice, he shall be guilty of an offence.
(4) Any person who is guilty of any offence under this section shall be liable, on summary conviction, to a fine of one thousand dollars and to imprisonment for six months.
(5) In any proceedings under this Ordinance or under any regulations made thereunder, the fact that a driving licence bas been granted to a person shall be evidence that that person for the purpose of obtaining that driving licence made a declaration that he was not disqualified from holding or obtaining the driving licence.
(6) Any person who is aggrieved by a decision of the Com- missioner made in accordance with the provisions of subsection (3) may appeal by petition to the Governor in Council within such period of ten days and on any such appeal, the Governor in Council may confirm, revoke or vary the decision of the Com- missioner.
30. (1) Any person convicted of an offence against the provisions of this Ordinance or of any regulation made under the provisions of this Ordinance may be ordered by the court or magistrate to pay to any person to whom such court or magistrate may think that any compensation should be paid in respect of any injury, damage, loss, or otherwise, compensation not exceed- ing one thousand 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 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.
(3) No such order for the payment of any such com- pensation shall be made unless the party who has suffered any such injury, or loss or otherwise sustained damage consents thereto.
tlan to
31. (1) Parts III, IV, V and VI shall apply to vehicles and Applica- persons in the public service of the Crown and for the purpose Crown, of proceedings for an offence in connexion with any such vehicle against any person other than the driver of the vehicle, the person nominated in that behalf by the department in whose service the vehicle is used shall be deemed to be the person actually respon- sible unless it is shown to the satisfaction of the court or magistrate that only the driver was responsible.
(2) Any regulations made in exercise of the powers conferred by section 3, 4 or 5 may be expressed to apply to vehicles and persons in the public service of the Crown in the same manner as Parts [11, IV, V and VI are applied by subsection (1) with such modifications to such regulations as the Governor in Council may consider to be necessary for such application.
32. The Vehicle and Road Traffic Ordinance is repealed.
Passed the Legislative Council of Hong Kong, this 18th day of December, 1957.
Deputy Clerk of Councils.
(Secretariat GR33/3831/54)
Repeal. (Cap. 220).