THURSDAY, APRIL 17, 1980
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STIFFER PENALTIES PROPOSED FOR
NON-DISCLOSURE OF TRAFFIC OFFENDER'S IDENTITY
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VEHICLE OWNERS WHO REFUSE TO IDENTIFY DRIVERS SUSPECTED OF HAVING COMMITTED TRAFFIC OFFENCES MAY SOON FACE STIFFER PENALTIES, THE SECRETARY FOR THE ENVIRONMENT, THE HON DEREK JONES, SAID TODAY (THURSDAY).
MOVING THE SECOND READING OF THE ROAD TRAFFIC (AMENDMENT) BILL 1980 IN THE LEGISLATIVE COUNCIL, MR JONES SAID THE BILL SOUGHT TO PROVIDE THAT FAILURE BY ANY PERSON TO MAKE THE DISCLOSURE OF THE NAME OF A DRIVER SHOULD CARRY THE SAME LIABILITY TO DISQUALIFICATION AS THE REPORTED OFFENCE.
IT IS ALSO PROPOSED THAT THE COURT WILL BE REQUIRED TO TAKE INTO ACCOUNT THE FACTS OF THE ALLEGED OFFENCE, INCLUDING THE AMOUNT OF ANY FINE OR PERIOD OF IMPRISONMENT TO BE IMPOSED, AND ANY PERIOD OF DISQUALIFICATION, IN DETERMINING SENTENCE FOR THE OFFENCE OF NON-DISCLOSURE OF DRIVER.
IN ADDITION, THE AMENDING LEGISLATION WILL EMPOWER THE COURT TO ORDER AN OFFENDER TO MAKE THE REQUIRED DISCLOSURE.
IF SUCH AN ORDER IS DISOBEYED, MR JONES SAID, IT WOULD RENDER THE OFFENDER LIABLE TO A PENALTY OF $50 A DAY, UP TO A MAXIMUM OF $5 000, AND TO IMPRISONMENT FOR SIX MONTHS.
MR JONES POINTED OUT THAT AT PRESENT THE MAXIMUM PENALTY FOR FAILING TO DISCLOSE THE NAME OF A DRIVER INVOLVED IN AN OFFENCE WAS LIKELY TO BE MUCH LOWER THAN THE PENALTY FOR THE OFFENCE ITSELF.
+THERE IS THEREFORE NO EFFECTIVE DETERRENT AGAINST NON-DISCLOSURE BY AN OWNER OF A VEHICLE OF THE PARTICULARS OF A DRIVER WHO IS REPORTED TO HAVE COMMITTED AN OFFENCE, ESPECIALLY WHERE THE OFFENCE IS A SERIOUS ONE,+ MR JONES SAID.
MR JONES ADDED THAT ALTHOUGH THE NEW PROPOSALS WOULD, IF ENACTED, SIGNIFICANTLY INCREASE MAXIMUM PENALTIES AGAINST ́ VEHICLE OWNERS OR DRIVERS, THEY WOULD NOT CREATE ANY NEW OFFENCES OR RENDER LIABLE TO THE NEW PENALTIES PERSONS WHO, UNDER THE PRESENT LAW, WOULD BE ENTITLED TO AN ACQUITTAL.
+ IN ORDER TO BE ACQUITTED OF THE CHARGE OF NON-DISCLOSURE A DEFENDANT WOULD NEED TO PROVE THAT HE DID NOT KNOW AND COULD NOT WITH REASONABLE DILIGENCE HAVE ASCERTAINED THE NAME, ADDRESS OR DRIVING LICENCE NUMBER OF THE PERSON INVOLVED IN THE REPORTED OFFENCE, MR JONES SAID.
+THE ATTORNEY GENERAL IS ALSO SATISFIED THAT THE BILL WOULD NOT HAVE THE EFFECT OF VISITING THE PROPOSED INCREASED PENALTIES ON THOSE WHO FAIL TO COMPLY WITH A REQUEST FOR INFORMATION SIMPLY BECAUSE THEY ARE ABSENT FROM HONG KONG WHEN THE REQUEST IS MADE,+ HE ADDED.
DEBATE ON THE BILL WAS ADJOURNED.
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