1947-HKRS28-8-14_Part01 — Page 32

Rocklemor Dangerous Driving.

20 & 21 Сталь 5 0,43 8, 11

(5) for the apprehension of persons who commit offences

against is Ordinance;

(6) for prohibiting either absolutely or during specified hours the driving of any specified kind of vehicle on any road on which the driving of sucti kind of vehicle would in the opinion of the Governor in Council be dangerous or undesirable;

(7) for prescribing the fees to be paid in respect ofɑany licence grapted under the provisions of this Ordinance;

(8) for prescribing the fares which may be charged for

the hire of any public velrible;

ไ

(9) for granting exclusive rights of maltaining services of public motor vehicles, for enforcing thet obliga- tions of any persons to whom such nightyanay be granted, for requiring security from such persons and for realising such security, for the amendment or cancellation of such rights when granted, for prescribing the fees to be paid in respect of such rights and for the effective control and protection of such services; and

(10) generally for the purpose of carrying into effect she

provisions of this Ordinance.

4. (1) II any person drives a motor vehicle on a road recklessly, or at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case, including the nature, conditions, and use of the road, and the amount of traffic which is actually at the time, or which might reasonably be expected to be, on the road, he shall be liable---

(a) on suminary conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding six months, and in the case of a second or subsequent conviction either to a fine not exceeding $9,000 or to such imprisonment as aforesaid or to both such fine and imprisonment;

(b) on conviction on indictment to imprisonment for a term not exceeding two years or to a fine, or to both such imprisonment and fine.

(2) The Judge or Magistrate shall order particulars of any such conviction to be endorsed on any licence to drive a motor vehicle held by the person convicted.

(8) On a second or subsequent conviction under this section the convicting Judge or Magistrate shall exercise the power conferred by this Ordinance of ordering that the offender shall be disqualified for holding or obtaining a licence to drive a motor vehicle unless the Judge or Magistrate, having regard to the lapse of time since the date of the previous or last previous conviction or for any other special reason thinks fit to order otherwise, but this provision shall not be construed as affecting the right of the Judge or Magistrate to exercise the power aforesaid on a first convic- tion.

(4) Where a person is convicted of aiding, abetting, counselling or procuring, or inciting the commission of an offence under this section, and it is proved that he was present in the vehicle at the time of the commission of the offence, the offence of which he is convicted shall, for the purpose

of the provisions of this Ordinance relating to disqualification

for holding or obtaining licences, be deemed to be an offence in connection with the driving of a motor vehicle.

6. (1) Any person who when driving or attempting to drive, or when in charge of, a motor veliicle on a road or other public place is under the influence of drink or a drug to such an extent as to be incapable of having proper control of the vehicle, shall be liable on summary conviction to a fine not exceeding $1,000 or to imprisonment for a term not axcooling six mouths, and in the case of a second or aubsequent conviction either to a fine not exceeding $2,000 or to such imprisonment as aforesaid or to both such fine and imprisonment.

(2) A person convicted of an offence under this section shall, unless the Magistrate for special reasons thinks fit to order otherwise and without prejudice to the power of the Magistrate to order a longer period of disqualification, be disqualified for a period of twelve months from the date of the conviction for holding or obtaining a licence to drive a motor vehicle.

Driving

DHLOR vehicles

when under

the influence of drink or drugs. 20 & 31 Goo. 5

C 43 8.15

Careless driving. 20 & 81

6. (1) If any person drives a motor vehicle on a roud without due care and attention or without reasonable con- sideration for other persons using the road he shall be guilty es of an offence.

(2) A Judge or Magistrate before whom a person is convicted of an offence under this section shall, unless for any special reason he thinks fit to order otherwise, order particulars of the conviction to be endorsed on any licence to drive a motor vehicle grouted under this Ordinance or any Regulations made under this Ordinance.

(3) If on the trial of any indictment for an offence against Section 4 of this Ordinance, the Jury are of opinion that the defendant was not guilty of an offence under the said section but was guilty of an offence under this section, the Jury may find him guilty of an offence under this section and thereupon ho shall be liable to be punished accordingly.

0.43 8.18 8.24

ertain 0 a 21

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7. Where a person is prosecuted for an offence under Restriction any of the provisions of this Ordinance or of the Regulations made under this Ordinance relating respectively to the runximum speed at which motor vehicles may be driven, B reckless or dangerous driving, and to careless driving he shall not be convicted unless either-

(a) he was warned at the time the offence was committed that the question of prosecuting him for man- slaughter or for an offence under some one or other of the provisions aforesaid would be taken into consideration; or

(b) within fourteen days of the commission of the offence & summons for the offence was served ou him; or

(c) within the said fourteen days a notice of the intend- ed prosecution specifying the nature of the allegud offence and the time and the place where it is alleged to have been committed was served on or sent by registered post to him or the person registered as the owner of the vehicle at the time of the commission of the offence :

Provided that-

(i) Failure to comply with this requirement shall not be a har to the conviction of the accused in any case where the Judge or Magistrate is satisfied that--

Chen. G 0.43 8.21