End

(b)

(c)

(d)

37 -

Siren-sounding police cars are not exempted from legal liability if they are involved in traffic accidents. The driver of a police vehicle is personally accountable in law for any careless or reckless driving. In addition, police officers driving in pursuit of vehicles, regardless of whether the siren is sounding, are not immune from criminal prosecution in respect of offences committed during the pursuit, or from civil proceedings in respect of injuries sustained by any person as a result of the pursuit. In the case referred to in this question, the Police officer has been charged with "reckless driving causing death".

The safety code on siren-sounding police cars passing through pedestrian crossings is part of the code of practice governing police officers using the siren in police cars, which are summarised in (a) (iii)

above.

To prevent similar accidents from occurring, the following measures have been put in place by the Police Force:

(i)

(ii)

(iii)

Code of Practice: as mentioned above, guidelines on high-speed pursuit and the use of siren are carefully laid down in the Force Procedures Manual, Police General Orders and relevant Headquarter Orders. Police officers on driving duty have been reminded of the importance of complying with these guidelines.

Stringent & Regular Training: Police drivers, be they full time or otherwise, are subject to very stringent training before they are qualified to drive a Police vehicle. The basic training includes a four-week full time course, which is supplemented by advance courses with a minimal training of two weeks for each type of Police vehicle. All Police drivers are re-tested every five years.

Remedial Training: Once a Police driver was involved in a traffic accident while on duty, the Senior Superintendent of Police (Transport) will study the facts of the incident. Should the officer be considered at fault, he will be suspended from driving duty until he is retested at the Police Driving School, even when the fault does not constitute a breach of the Road Traffic Ordinance.

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