1956-HKRS29-8-23_Part02 — Page 29

Isque by Governor in Council of the

highway code. [of. 20 & 21 Geo.

5. c. 43.

45].

(2) Any regulation made under this section may empower the Commissioner of Police or any person authorized by him to do any of the things or exercise any of the functions specified in subsection (1).

(3) Any regulation made under this section may provide that a contravention thereof shall be an offence and may provide punishment and penalties for such offence not exceeding a fine of one thousand dollars and imprisonment for six months.

(4) Except ELS otherwise provided by this Ordinance or by regulations made thereunder, no person shall drive a vehicle on a road unless he is the holder of a driving licence in respect of vehicles of the same class as the vehicle which he is driving.

(5) No person shall, as owner, permit a vehicle to be driven by a person who is not in possession of a driving licence applicable to such vehicle except as otherwise provided by this Ordinance or by regulations made thereunder :

Provided that in any proceedings under this sub- section it shall not be necessary to allege or to prove guilty knowledge on the part of the owner and it shall be no defence to prove absence of guilty knowledge.

(6) Any person who contravenes the provisions of subsection (4) or (5) shall be guilty of an offence and upon conviction shall be liable to a fine of one thousand dollars and imprisonment for three months. and in the case of a second or subsequent conviction to a fine of one thousand dollars and imprisonment for six months,

36. (1) The Governor may cause to be prepared a code (in this section referred to as "the highway code") comprising such directions as appear to him to be proper for the guidance of persons using roads and from time to time revise the code by revoking. varying, amending or adding to the provisions thereof in such manner as he thinks fit.

may

(2) The highway code and any alterations proposed to be made in the provisions of the code on any revision thereof shall as soon as approved by the

6.

Governor in Council be laid before the Legislative Council and the code or revised code as the case may be shall not be promulgated until the code has or the proposed alterations have been approved by the Legis- lative Council,

(3) Subject to the foregoing provisions of this section the Governor in Council may cause the code and every revised edition of the code to be printed and issued to the public either without charge or at such price as he thinks fit and may take such other steps as he thinks fit for securing that the provisions of the code shall be brought to the notice of the public.

(4) A failure on the part of any person to observe any provisions of the highway code shall not of itself render that person liable to criminal proceedings of any kind but any such failure may in any proceedings whether civil or criminal and including proceedings for an offence under this Ordinance be relied upon by any party to the proceedings as tending to establish or to negative any liability which is in question in those proceedings.".

The principal Ordinance is amended by the insertion after Addition section & of the following new sections-

"Duty to stop in case of accident. 120 & 21 Gen. 5.

8A. (1) If in any case owing to the presence of a vehicle on a road an accident occurs whereby damage or injury is caused to any person, vehicle, animal or thing, the driver of the vehicle shall stop c. 43, s. 22]. and, if required so to do by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and, in the case of a motor vehicle, the registra- tion mark thereof.

(2) If in the case of any such accident as afore- said the driver of the vehicle for any reason does not give his name and address to any such person as aforesaid, he shall report the accident at a police station as soon as reasonably practicable, and in any case within twenty-four hours of the occurrence thereof.

of new sections SA and BB.