1957-HKRS28-8-24_Part03 — Page 6

Provisiona as to disquali- fication.

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(c) within such period of fourteen days, a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed was served on him, or sent by registered post to him, or served on or sent by registered post to the person in whose name the vehicle was registered at the time of the commission of the offence.

(*) The provisions of subsection (1) shall not apply if it appears to the court or magistrate that-

(a) the person prosecuted was not prejudiced in his defence by a failure to comply with the provisions of that sub- section; or

(b) the person prosecuted by his own conduct contributed

to the failure to comply with that subsection.

(3) The requirements of subsection (1) shall in every case be deemed to have been complied with unless and until the contrary is proved.

20. (1) Without prejudice to any other penalty, any court or magistrate before whom a person is convicted of any ollence under this Ordinance or under regulations made under this Ordinance in connexion with the driving of a motor vehicle may order him to be disqualified from holding or obtaining a driving licence for such period as the court or magistrate thinks fit, and where any provision of this Ordinance requires him to be so dis- qualified for a minimum period, shall order him to be disqualified for a period which is not less than that minimum period :

Provided that-

(if the court 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 motor vehicle in relation to which the offence was com- mitted; and

(ii) a first conviction for driving a motor vehicle on a road at a speed exceeding a speed limit imposed by any enact- ment in respect of such road or in respect of that type of motor vehicle, or a second such conviction the date where- of falls more than three years after the date of the first conviction, shall not render the person convicted liable to be disqualified from holding or obtaining a licence,

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(2) A person who is disqualified from holding or obtaining a licence by virtue of a conviction or order of a court or magistrate may appeal against the disqualification in like manner as if it were an order made against him for the payment of a penal or other sum and the court or magistrate may order the operation of the disqualification to be suspended pending the appeal and if the court or magistrate refuses to order such suspension, the Supreme Court may do so upon application made to it by the person disqualified.

(3) Where a person who is disqualified by virtue of a con- viction or order is the holder of a licence, the licence shall be of no effect so long as the disqualification continues in force.

(4) A person who by virtue of a conviction or order is dis- qualified from: holding or obtaining a driving licence may at any time thereafter apply to the court or magistrate before which he was convicted or by which the order was made, to remove the disqualification, and on any such application the court magistrate may, as it thinks proper having regard to the character of the person disqualified and his conduct subsequent to the con- viction or order, the nature of the offence and any other circum- stances of the case, by order either refuse the application or remove the disqualification as from such date as may be specified in the order not being a date earlier than-

(a) in the case of an offence under section 9, 10 or 13 for which a minimum period of disqualification is required to be imposed under this section the date of the expiration of such period; and

(b) in the case of any other offence the date of the expiration of a period of six months from the date of the conviction or order:

Provided that any time after the conviction or order during which the disqualification was suspended or the applicant was not disqualified shall be disregarded for the purposes of this sub- section.

(5) When an application under subsection (4) is refused, a further application thereunder may be heard if made after the expiration of the three months from the date of the refusal or, as the case may be, the last refusal but not otherwise.