1957-HKRS28-8-24_Part03 — Page 5

Penalties

for neglect of traffic directions.

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(a) On the trial of a charge of stealing a vehicle, in a court of summary jurisdiction, the court or magistrate, or, on indict- ment, the jury, may acquit the defendant of the charge of stealing and find him guilty of an offence under this section.

16. (1) Where a police officer in uniform is for the time being engaged in the regulation of traffic on a road or where any traffic sign being a sign for regulating the movement of traffic or indicating the route to be followed by traffic or regulating the movement of pedestrians and being of the prescribed size, colour and type authorized by regulations made under this Ordinance, has been lawfully placed on or near any road, any person driving any vehicle or any pedestrian who--

(a) neglects or refuses to obey the direction of the police

officer; or

(b) fails to conform to the indication given by the sign; shall be guilty of an offence and, on summary conviction, shall be liable to a fine of five hundred dollars.

(2) In any proceedings under this section a traffic sign placed on or near a road shall be deemed to be of the prescribed size, colour and type authorized by regulations made under this Ordinance and to have been lawfully so placed, unless the contrary is proved and the fact that a traffic sign differs slightly from the sign which has been authorized under such regulations shall not prevent such traffic sign from being a sign of a size, colour and type so prescribed so long as the general appearance of the sign is not thereby materially impaired.

Offences by 17. (1) Any pedestrian, pedal-cyclist, rickshaw puller or pedestrians hearer of a chair on a road, who through his own negligence and pedal- cyclists. endangers his own safety or that of any other person shall, without prejudice to any other provisions of this Ordinance or of any other enactment relating to such persons, be guilty of an offence and, on summary conviction, shall be liable to a fine of five hundred dollars.

(2) Any police officer may require any person who appears to him to have committed an offence under this section to give his correct name and address and if such person fails to do so he shall be guilty of an offence and, on summary conviction, shall be liable to a fine of five hundred dollars.

17

App

18. (1) Any person who promotes or takes part in a race or Prohibition trial of speed between motor vehicles, or between bicycles or any racing and

of motor

road race or trial between persons, or any other form of competition speed trials. involving motor vehicles or pedestrians on any road without the consent in writing of the Commissioner or, if such consent has been given, in contravention of any conditions imposed in the granting of such consent, shall be guilty of an offence and, on summary conviction, shall be liable to a fine of two thousand dollars and to imprisonment for six months and, in the case of the driver of a motor vehicle on the road, shall be disqualified from holding or obtaining a driving licence for a period of twelve months unless the court or magistrate for special reasons thinks fit to order otherwise.

(2) The Commissioner may, by licence in writing, authorize the promotion, holding or taking part in any such event as is described in subsection (1) subject to such conditions as he in his absolute discretion may impose.

(3) Any person aggrieved by any decision of the Commis sioner under subsection (a) may appeal, by petition, to the Governor in Council against such decision and on any such appeal the Governor in Council may affirm, amend or reverse such decision.

PART IV.

Enforcement.

intention to prosecute

offences.

19. (1) Subject to the provisions of subsection (2), a person Notice of prosecuted for an offence under section 9, 12 or 13 (which relate respectively to dangerous driving and to causing death or injury for certain thereby, careless driving and driving at an excessive speed) shall not be convicted of such offence unless-

(a) he was warned at the time of the commission of the offence or within twenty-four hours thereafter that the question of prosecuting him under some one or other of the provi sions aforesaid would be taken into consideration; or

(6) within fourteen days of the commission of the offence he was either charged before a magistrate or a summons în respect thereof was served on him; or