Addition of new Part IXA.
3. The principal Ordinance is amended by adding, after Part IX. the following new Part-
Obligation to give information relating to the driving of vehicles.
(0am, 1200)
"PART IXA
OFFENCES AND PENALTIES
62A. (1) Without prejudice to section 29 of the Road Traffic Ordinance, where the driver of a motor vehicle is suspected of having committed an offence against this Ordinance in the tunnel area, 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) sball, on demand made within three months after the date of the alleged offence, give to a tunnel 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 police 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 ad- dress; and
(ii) give the number of his driving licence to a specified tunnel 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 in- formation required under subsection (1) to a specified tunnel officer either orally or in writing within twenty-one days after the date of the demand.
(4) A notice 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 tunnel officer specified therein, a written statement, in such
Proof in summary proceedings
of identity of driver.
and
Definitions
application.
rap. 130.1
3
form as may be specified in the notice, giving the name, address and driving licence num- ber of the person driving the vehicle at the time of the alleged offence and his relation- ship (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) In proceedings for an offence under subsec- tion (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 alleged offence.
62B. 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 62A(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,
62C. (1) In this Part-
"driver". in relation to any motor vehicle, means any person who is in charge of or assisting in the control of such vehicle;
"driving licence" means a licence issued in accord- ance with regulations made under section 5 of the Road Traffic Ordinance;
“owner” includes the person in whose name a vehicle is registered under the Road Traffic Ordinance and the person by whom the vehicle is kept and used and, in relation to a vehicle which is the subject of a hiring agreement or hire purchase agreement, means the person in possession of the vehicle under that agreement;