XN000022-1978-12-20 — Page 16

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WEDNESDAY, DECEMBER 20, 1978

ROAD TRAFFIC (AMENDMENT) (NO. 3) BILL PASSED INTO LAW

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AN AD HOC GROUP OF UNOFFICIAL LEGISLATIVE COUNCILLORS HAS RECOMMENDED AMENDMENTS TO THE ROAD TRAFFIC (AMENDMENT) (NO. 3) BILL TO ENSURE THAT, IN CONFERRING POWER ON THE AUTHORITIES TO REQUIRE MOTOR VEHICLES TO BE PROPERLY MAINTAINED AND SAFELY USED ON THE ROAD, THERE WOULD BE ADEQUATE SAFEGUARDS AGAINST ABUSE OF THIS POWER.

CONVENER OF THE GROUP, THE HON. S.L. CHEN POINTED OUT THAT THE POWER, SUCH AS AUTHOR IS ING A POLICE OFFICER TO EXAMINE A MOTOR VEHICLE ON THE ROAD AND TO ORDER ITS DETENTION FOR EXAMINATION, WAS SIGNIFICANT WHICH IF ABUSED COULD CAUSE CONSIDERABLE INCONVENIENCE OR EVEN HARDSHIP TO THE VEHICLE OWNERS.

THE GROUP MET SEVERAL TIMES WITH REPRESENTATIVES OF THE SECRETARY FOR THE ENVIRONMENT, THE ATTORNEY GENERAL, THE COMMISSIONER FOR TRANSPORT AND THE COMMISSIONER OF POLICE AND REACHED AGREEMENT WITH THEM ON THE AMENDMENTS.

THE UNOFFICIALS WERE VERY UNHAPPY ABOUT A CLAUSE IN THE BILL WHICH PROVIDED FOR A 72-HOUR MAXIMUM PERIOD OF DETENTION FOR A MOTOR VEHICLE. THIS, THEY WERE TOLD, WAS NECESSARY BECAUSE OF THE CURRENT SHORTAGE OF MOTOR VEHICLE EXAMINERS.

AFTER LENGTHY DELIBERATION, THE GROUP AGREED TO SUPPORT THIS 72-HOUR PERIOD ON CONDITION THAT THE GOVERNMENT URGENTLY RE-EXAMINED THE ESTABLISHMENT, CONDITIONS OF SERVICE AND RECRUITMENT OF THESE EXAMINERS, WITH A VIEW TO INTRODUCING A 24-HOUR MAXIMUM PERIOD OF DETENTION AS SOON AS POSSIBLE.

IT WAS AGREED, MR. CHEN SAID, THAT THIS SITUATION SHOULD BE REVIEWED IN SIX MONTHS' TIME,

THE 72-HOUR DETENTION PERIOD ALSO DREW COMMENTS FROM THE HON. HILTON CHEONG-LEEN WHO SAID THE GOVERNMENT SHOULD ALSO CONSIDER WHETHER VEHICLE OWNERS SHOULD BE COMPENSATED FOR EACH DAY THE VEHICLE WAS IMPOUNDED BEYOND THE PERIOD.

+THE LIVELIHOOD OF SOME OF THESE VEHICLE OWNERS IS AT STAKE AND THE GOVERNMENT SHOULD NOT CREATE HARDSHIP SIMPLY BECAUSE IT CANNOT ADHERE TO THE LAW, HE SAID.

HE FEARED THIS SECTION OF THE BILL WOULD BE ENFORCED MORE IN THE BREACH BECAUSE THE SHORTAGE OF MOTOR VEHICLE EXAMINERS HAS BEEN ALMOST ENDEMIC FOR THE LAST TWO TO THREE YEARS.

HE ASKED THE GOVERNMENT TO MONITOR OVER THE NEXT SIX MONTHS THE NUMBER OF VEHICLES WHICH ARE IMPOUNDED BEYOND THE 72-HOUR LIMIT.

IN REPLY, THE SECRETARY FOR THE ENVIRONMENT, THE HON. DEREK JONES THANKED MR. CHEN AND OTHER MEMBERS OF THE AD HOC GROUP FOR THE VERY CONSIDERABLE EFFORT THEY PUT INTO THE IR CONSIDERATION OF THE BILL.

/HE ALSO.....