1957-HKRS28-8-24_Part03 — Page 9

Preserva- tion of evidence

of serious accidenta.

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(2) Any person who knowingly contravenes the provisions of subsection (1) shall be guilty of an offence and, on conviction, shall be liable-

(4) where a person has received personal injury or has died as a result of the accident in respect of which the offence was committed, to a fine of two thousand dollars and to imprisonment for six months; and

(b) in any other case, to a fine of one thousand dollars and

to imprisonment for three months.

(3) A person convicted of an offence to which paragraph (a) of subsection (2) applies shall be disqualified from holding or obtaining a driving licence for not less than twelve months.

(4) Where an accident occurs owing to the presence on a road of a motor vehicle and that motor vehicle was being driven or, when last driven before the accident, had been driven by some person other than the owner thereof, the owner thereof shall give to any police officer on demand all such information in his possession or procurement as may assist such police officer in obtaining the name and address of the driver of the vehicle at the time of the accident or of the last driver of the vehicle prior to the accident and any person who contravenes the provisions of this subsection shall be guilty of an offence and, os summary con- viction, shall be liable to a fine of five hundred dollars.

(5) In this section, "animal" means any horse, cattle, ass, mule, hinny, sheep, pig, goat, cat or dog.

25. (1) If owing to the presence of a vehicle on a road an accident occurs in consequence of which any person is killed or seriously injured or serious damage is caused to any vehicle or thing, no person, except under the authority of a police officer, shall move or otherwise interfere with any vehicle involved in the accident or any part of such vehicle or do any other act so as to destroy or alter any evidence of the accident:

Provided that-

(i) a vehicle or any part thereof may be moved so far as may be necessary to extricate persons or animals involved, to remove mails, to prevent fire or to prevent damage or obstruction to the public; and

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(ii) goods or passengers' baggage may be removed from a vehicle under the supervision of a police officer; and

(iii) this section shall not apply where it is urgently necessary to remove any seriously injured person to hospital and no suitable means of conveyance other than a vehicle involved in the accident is available.

(2) Any person who contravenes any provision of this section shall be guilty of an offence and, on summary conviction, shall be liable to a fine of five hundred dollars.

26. (1) Where the driver of a vehicle is alleged to be guilty Obligation

to give of an offence under any provision of this Ordinance or of any informs- regulations made under this Ordinance-

(a) the driver of the vehicle shall on demand give to any police officer his correct name and address and any other information concerning the vehicle which is in his power to give;

(b) the owner of the vehicle shall give such information as may be required by a police officer as to the identity of the driver of the vehicle; and

(c) any other person shall if required by a police officer give any information which it is in his power to give and which may lead to the identification of the driver.

(a) Any person who fails to comply with the provisions of this section shall be guilty of an offence and, on summary con- viction, shall be liable to a fine of five hundred dollars :

Provided that in the case of any proceedings against the owner of a vehicle it shall be a sufficient defence if he proves to the satisfaction of the court or magistrate that he did not know and could not with reasonable diligence have ascertained the identity of the driver,

tion as to identifica- tion.

27. (1) A police officer may require the production, for Enforce examination, of the driving licence of any person-

(u) who is driving a motor vehicle on a road; or

ment powers of

a_police officer.