Repeal and replacement of sections
29 and 30.
3.
(2) In this section, "specified equipment" means such equipment or apparatus as is specified in sub- section (3).
(3) The following shall be specified equipment for the purposes of this section-
crash helmets:
safety belts,
(4) The Legislative Council may, by resolution, amend subsection (3),”.
Sections 29 and 30 of the principal Ordinance are repealed and replaced by the following-
"Obligation to give certain in- formation.
29. (1) Where the driver of a vehicle is sus- pected of having committed an offence under this Ordinance, any person (including both the registered owner of the vehicle and the person suspected of being the driver of the vehicle at the time of the alleged offence) shall, on demand made within thres months after the date of the alleged offence, give to a police officer in the manner prescribed in this section the name, address and driving licence number of the person driving the vehicle at the time of the alleged offence and his relationship (if any) to the driver.
(2) A demand under subsection (1) may be made orally or by means of a notice served personally or by post on the person on whom it is made.
(3) Where a demand under subsection (1) is
made orally to any person he shall- -
(a) if he was the driver of the vehicle at the
time of the alleged offence-
(i) give immediately his name and address; and
(ii) give the number of his driving licence to a specified police officer within twenty-one days after the date of the demand; and
(b) if he was not the driver of the vehicle at the time of the alleged offence, give the informa- tion required under subsection (1) to a specified police officer either orally or in writing within twenty-one days after the date of the demand.
Proof in
summary proceedings
of identity of driver.
3
(4) A notice served under subsection (2) shall require the person to whom it is addressed-
(a) to furnish, within twenty-one days after the date of the notice, to a police officer specified therein, a written statement, in such form as may be specified in the notice, giving the name, address and driving licence number of the person driving the vehicle at the time of the alleged offence and his relationship (if any) to the driver; and
(b) to sign the said statement.
(5) Subject to subsection (6), any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of two thousand dollars and to imprisonment for six months.
(6) la proceedings for an offence under sub- section (5), it shall be a defence to show that the accused person did not know, and could not with reasonable diligence have ascertained, the name or address or driving licence number of the person driving the vehicle at the time of the suspected offence referred to in subsection (1).
30. If in any summary proceedings for an offence under this Ordinance, there is produced to the court a statement which—
(a) purports to have been signed by the
accused person;
(b) was furnished in accordance with a notice served on him under section 29(2); and
(c) states that the accused person was the driver of the vehicle at the time of the offence.
the court shall admit the statement as prima facie evidence that the accused person was the driver of the vehicle at the time of the offence.".
Passed by the Hong Kong Legislative Council this 31st day of January, 1973.
Clerk to the Legislative Council.