1957-HKRS29-8-24_Part03 — Page 7

Disquali-

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(6) An application under subsection (4) or subsection (5) shall not be heard unless not less than fourteen days notice in writing setting forth the grounds of the application has been given to the Commissioner of Police.

(7) If the court or magistrate orders a disqualification to be removed, the court or magistrate shall cause particulars of the order to be endorsed on the licence, if any, previously held by the applicant and may in any case order the applicant to pay the whole or any part of the costs of the application.

(8) Where a court or magistrate orders that a person shall be disqualified from holding or obtaining a driving licence, the court or magistrate shall forthwith cause notice of the conviction or order to be sent to the Commissioner of Police and if such person at the date of the conviction or order held a driving licence, shall cause such driving licence to be forwarded to the Commissioner of Police as soon as it is produced to the court or magistrate in accordance with the provisions of subsection (9),

(9) Where a court or magistrate orders that a person shall be disqualified from holding or obtaining a driving licence and at the date of such order the person bolds a driving licence, he shall deposit the licence with the court or magistrate within five days of the date of the order or such longer period as the court or magistrate may determine:

Provided that if such person shall give notice of appeal against the order such period of five days shall commence at the determina- tion of the appeal.

(ro) Nothing in any other provision of this Ordinance or any other enactment authorizing or requiring the court to disqualify any person from obtaining or holding a driving licence for a specified period shall operate to restrict the powers of the court or magistrate under subsection (1) to disqualify that person for such longer period as the court or magistrate thinks fit.

21. When a person is convicted of aiding, abetting, counsel. fication for ling or procuring, or inciting the commission of an offence under aiding and abetting Part III or subsection (4) of section 4 or subsection (5) of section 5. and it is proved that he was present in the vehicle at the time of the commission of the offence, the offence of which he was convicted shall, for the purpose of the provisions of this Ordinance

etc.

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relating to disqualification for holding or obtaining a driving licence, be deemed to be an offence in connexion with the driving of a motor vehicle.

22. Any person who under the provisions of this Ordinance Driving etc. is disqualified from holding or obtaining a driving licence applies while dis-

qualified. for or obtains a driving licence while he is so disqualified, or, while he is so disqualified, drives a motor vehicle, or, if the dis- qualification is limited to the driving of a motor vehicle of a particular class or description, drives a motor vehicle of that class or description, on a road 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 and shall be sentenced to imprisonment for not less than one month in the case of every such conviction except where-

(a) the conviction is a first conviction for the offence or a second or subsequent conviction for the offence not less than three years after the last previous conviction for the offence; and

(b) the court or magistrate is of the opinion that, having regard to the special circumstances of the case a fine would be adequate punishment for the offence,

and a driving licence obtained by any person disqualified as aforesaid shall be of no effect.

endorse-

23. (1) Any court or magistrate before whom a person is Provisiona convicted under this Ordinance or under any regulations made to thereunder may in any case, and shall where a person is by virtue ments, of a conviction disqualified from holding or obtaining a driving licence, or where an order so disqualifying any person is made, or where a person is convicted of an offence under section 9 or section 10, order that particulars of the conviction and of any disqualifica- tion to which the convicted person has become subject be endorsed on any driving licence held by that person.

(2) An order under subsection (1), whether the offender was at the time the holder of a driving licence or not, shall operate as an order that any driving licence which he may then hold or may subsequently obtain, shall be so endorsed until he becomes entitled under the provisions of this section to have a driving licence issued to him free from endorsement.