WEDNESDAY, DECEMBER 8, 1982
+SUFFICE IT TO SAY FOR THE MOMENT, THAT WE ARE SATISFIED THAT REASONABLE SAFEGUARDS ARE IN PLACE TO ENSURE THAT CHARGES OF 'RECKLESS DRIVING WILL BE PROPERLY LAID BY THE POLICE AND FAIRLY DEALT WITH IN THE COURTS, HE SAID.
MR CHEN SAID HIS GROUP HAD ALSO LOOKED AT THE PROPOSED LEVELS OF FINE UNDER THE BILL AND AT THE SENTENCING LEVELS WHICH HAD BEEN IMPOSED RECENTLY BY THE COURTS UNDER THE EXISTING ORDINANCE.
THEY NOTED THAT THE AVERAGE FINE AWARDED FOR +DANGEROUS DRIVING CAUSING DEATH IN THE PAST TWO YEARS HAD BEEN LESS THAN $900.
+ IN VIEW OF THIS FACT WE CONSIDERED THAT THE INCREASE FROM THE PRESENT LEVEL OF $5 000 TO $50 000 FOR CAUSING DEATH BY RECKLESS DRIVING WAS TOO HIGH AND HAVE ACCORDINGLY RECOMMENDED THAT THE NEW LEVEL SHOULD BE SET AT $25 000, HE SAID.
AS THE AIM OF THE BILL WAS TO ACHIEVE A GREATER DEGREE OF SAFETY ON THE ROADS, HE URGED THE JUDICIARY TO ASSIST, BY ENSURING THAT THE SENTENCES THEY IMPOSED PROVIDED AN INCENTIVE TO HONG KONG'S DRIVERS TO ACT SAFELY.
ANOTHER KEY CHANGE AGREED TO WAS THE REMOVAL OF THE PROVISION FOR COMPULSORY DISQUALIFICATION FOR A FIRST OFFENCE OF +RECKLESS DRIVING+ OR +CAUSING DEATH BY RECKLESS DRIVING+,
MR CHEN SAID, WE NOTED THE VIEWS OF PROFESSIONAL DRIVERS THAT DISQUALIFICATION FOR AT LEAST TWO YEARS ON A FIRST CONVICTION FOR THE NEW OFFENCE OF 'RECKLESS DRIVING' CONSTITUTED AN UNACCEPTABLE THREAT TO THEIR LIVELIHOOD.
+WE AGREED WITH THEM AND HAVE SECURED THE ADMINISTRATION'S AGREEMENT TO REMOVE THIS PROVISION FOR A FIRST OFFENCE WHILE APPROVING THE COURTS' DISCRETIONARY POWER TO DISQUALIFY IN CASES WHERE IT IS CONSIDERED APPROPRIATE.+
HOWEVER HE ADDED, COMPULSORY DISQUALIFICATION FOR A SECOND OR SUBSEQUENT OFFENCE WOULD REMAIN.
THE HON WONG LAM SAID THE BILL FAILED TO DEFINE CLEARLY AND FAIRLY RECKLESS DRIVING+.
HE SAID WHETHER THE TERM IN ENGLISH WAS PRECISE OR NOT WAS OPEN TO QUESTION.
BUT THE CHINESE TERM PRESENTLY USED WAS UNDOUBTEDLY FAR FROM BEING PRECISE, HE CONTENDED.
MR WONG SAID, THE MAJORITY OF DRIVERS IN HONG KONG,
PARTICULARLY PROFESSIONAL DRIVERS, ARE CHINESE.
+TO THEM, THE NEW TERM SIGNIFIES A MUCH HEAVIER OFFENCE WHILE ITS MEANING IS MUCH MORE UNFATHOMABLE.
+ IN THEIR OPINION, IT IS UNCONVINCING AND UNFAIR.+
/ARGUING THAT