1957-HKRS29-8-24_Part03 — Page 1

Highway code.

(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 subsection 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, on summary conviction, shall be liable in the case of a first conviction for that offence to a fine of one thousand dollars and to imprisonment for three months, and in the case of a second or subsequent conviction for that offence to a fine of one thousand dollars and to imprisonment for six months.

6. (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 may from time to time revise the code by revoking, varying, amending or adding to the provisions thereof in such manner as he thinks fit.

(2) The highway code and any alterations proposed to be made in the provisions of the code on any revision thereof shalt as soon as approved by the 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 Legislative 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 ог to negative any liability which is in question in those proceedings.

PART 11.

Use of Vehicles.

of motor

7. Any person who uses or causes or permits to be used Prohibition on any road any vehicle which does not comply in all respects vehicles with the provisions of any enactment relating to the construction not com-

plying with or use of vehicles of the class or description to which such vehicle regulations belongs shall be guilty of an offence and, on summary conviction, as to shall be liable in the case of a first conviction for that offence to tion etc. a fine of five hundred dollars and to imprisonment for three months, and in the case of a second or subsequent conviction for that offence to a fine of one thousand dollars and to imprisonment for six months.

construc-

of sale etc.

8. (1) Subject to the provisions of this section, no person Prohibition shall sell or supply or offer to sell or supply or cause or permit of vehicles to be sold, supplied or offered, a motor vehicle or trailer for not com-

plying with delivery in such a condition that the use thereof on a road would

regulations. be in contravention of any provision of this Ordinance or of any regulations made thereunder as to construction, weight, equip- ment, brakes, steering gear or tyres thereof.

(2) Subject to the provisions of this section, no person shall alter or cause or permit to be altered a motor vehicle or trailer so as to render its condition such that the use thereof on a road in that condition would constitute a contravention of any provision of this Ordinance or of any regulations made thereunder as to the construction, weight, equipment, brakes, steering gear or tyres thereof.

(3) Any person who contravenes the provisions of subsection (1) or subsection (2) shall be guilty of an offence and, on summary conviction, shall be liable to a fine of five thousand dollars and to imprisonment for six months:

Provided that it shall be a good defence under this section for the defendant to prove that he had reasonable cause to believe that the vehicle would not be used on a road in the Colony or would not be so used until it had been put into a condition in which it might be used without contravening any such provisions.

(4) Nothing in this section shall affect the validity of any contract or of any right arising under a contract.