1947-HKRS28-8-14_Part02 — Page 1

4

Tubing motor vehicle without OMRAC'S COLL seat or other

authority.

20 & 21

Geo

0.48 8.88

Disclosure of

(1) neither the name and address of the accused nor the name and address of the registered owner of the vehicle, could with reasonable diligence have been ascertained in time for a summons to be servod or for a notice to be served or sent as aforesaid: or

(2) the accused by his own conduct contributed to

the failure; and

(i) the requirement of this section shall in every case be deemed to have been complied with unless and until the contrary is proved.

8. (1) Every person who takes and drives away any motor vehicle without having either the consent of the owner thereof or other lawful authority shall be liable on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding $1,000 :

Provided that if the Magistrate is satisfied that the accused acted in the reasonable belief that he had lawful authority, or in the reasonable belief that the owner would, in the circumstances of the case, have given his consent, if he had been asked therefor, the accused shall not be liable to be convicted of the offence.

(2) If on the trial of any indictment for stealing a motor vehicle the Jury are of opinion that the defendant was not guilty of stealing the motor vehicle but was guilty of an offence under this section, the Jury may find him guilty of an offence under this section and thereupon he shall be liable to be punished accordingly.

9. Where the driver of a vehicle is alleged to be guilty to the Folies. of an offence under this Ordinance—~

information

20 & 31.

Gac.

0.43 8.103

Disqualifica-

tica for

often rea aud

(a) the owner of the vehicle shall give such information as he may be required by or on behalf of the Corn- missioner of Police to give as to the identity of the driver, and, if he fails to do so shall be guilty of an offence, unless be shows to the satisfaction of the Judge or Magistrate that he did not know and could not with reasonable diligence have ascertained who the driver was; and

(b) any other person shall, if required as aforesaid, give any information which it is in his power to give and which may lead to the identification of the driver, and, if he fails to do so, be shall be guilty of an offence.

10. (1) Any Judge or Magistrate before whom a person

ia convicted of any offence under sections 4, 5 or 6 of this ondersemut Ordinance, or of manslaughter in connection with the driving

of a motor vehicle

of convic tions

Geo. 50.43

20 * 20

Fin. ti & 7.

(a) may in any case, except where otherwise expressly provided by this Ordinance, and shall where so re- quired by this Ordinance, order him to be disqualified for holding or obtaining a licence to drive à motor vehicle for such period as the Judge or Magistrate thinks fit; and

(b) may in any case, and shall where a person is by virtus of a conviction disqualified for holding or obtaining a licence, or where an order so disqualify- ing any person is made or where so required by this Ordinance, order that particulars of the conviction

and of any disqualification to which the convicted person has become subject shall be endorsed on any licence to drive a motor vehiele held by the offender": Provided that, if the Judge or Magistrate thinks fit, any disqualification imposed under this section may be limited to the driving of a motor vehicle of the same class or description as the vehicle in relation to which the offence was committed.

(2) A person who by virtue of an order of a Judge or Magistrate under this Ordinance is disqualified for holding or obtaining a licence may appeal against the order in the ante manner as against a conviction, and the Judge or Magistrate if he thinks fit, pending the appeal, suspend the operation of the order.

may,

(3) Where a person who is disqualified by virtue of a conviction or order under this Ordinance is the holder of a licence, the licence shall be suspended as long as the disqualification continues in force.

(1) A license suspended under the provisions of this section shall during the time of suspension be of no effect.

11. (1) An order that the particulars of any conviction or of any disqualification to which the convicted person has become subject are to be endorsed on any licence held by the offender shall, whether the offender is at the time the holder of a licence or not, operate as an order that any licence be may then hold or may subsequently obtain, shall be so endorsed until he becomes entitled under the provisions of thus section to have a licence issued to him free from endorsement.

(2) Where an order is made requiring any licence held by an offender to be endorsed, then---

(a) if the offender is at the time the holder of a licence, he shall, if so required by the Judge or Magistrate, produce the licence within five days or such longer time as the Judge or Magistrate may determine for the purpose of endorsement; and

(b) if he is not then the holder of a licence, but subsequently obtains a licence, to drive a motor vehicle be shall within five days after so obtaining the licence produce it to the Judge or Magistrate for the purpose of endorsement:

and if he fails to do so, he shall be guilty of an offence; and if the licence is not produced for the purpose of endorsement within such time as aforesaid, it shall be suspended from the expiration of such time until it is produced for the purpose of endorseruent.

(3) On the issue of a new licence to any person, the particulars endorsed on any previous licence held by him shall be copied on to the new licence unless he has previously become entitled under the provisions of this section to have a licence issued to him free from endorsement.

(4) If any person whose licence has been ordered to be endorsed and who las not previously become entitled under the provisions of this section to have a licence issued to him free from endorsement applies for or obtains a licence without giving particulars of the order, he shall be liable on surumary conviction to imprisonment for a term not exceeding six months, and any licence so obtained shall be of no effect.

Provisions

a to vo domemente. 20 & 21 Cap. 6

07.43 9.8