XN000022-1982-08-05 — Page 2

THURSDAY, AUGUST 5, 1982

TRAFFIC BILL IN DRIVERS' INTEREST

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DRIVERS SHOULD FEEL REASSURED RATHER THAN THREATENED BY THE PROPOSED CHANGES IN HONG KONG'S ROAD TRAFFIC LAWS, THE SECRETARY FOR TRANSPORT, MR ALAN SCOTT, SAID TODAY.

HE EMPHASISED THAT THERE WAS NO INTENTION IN THE NEW LEGISLATION TO CREATE A MEANS OF HARASSING DRIVERS, PROFESSIONAL OR OTHERWISE.

MR SCOTT MADE THE COMMENTS TO THE Y'S MEN'S CLUB OF HONG KONG IN SPEECH ON PROVISIONS IN THE ROAD TRAFFIC BILL 1982 TO SUBSTITUTE THE OFFENCE OF +DANGEROUS DRIVING AND CAUSING DEATH THEREBY WITH THE OFFENCES OF CAUSING DEATH BY RECKLESS DRIVING+ AND +RECKLESS DRIVING+.

HONG KONG'S TRAFFIC LAWS, WHICH WERE ENACTED 25 YEARS AGO, WERE BASED LARGELY ON THE PRINCIPLES OF ENGLISH LAW, HE SAID. OVER THE YEARS IT BECAME CLEAR THAT REFORM WAS NECESSARY IN RESPECT OF THE OLD OFFENCES IN ENGLISH LAW OF DANGEROUS DRIVING+ AND +CARELESS DRIVING+, AND THE GOVERNMENT PROPOSED FOR GOOD REASON TO ADOPT A SIMILAR REFORM IN HONG KONG.

+AS THE HONG KONG LAW STANDS AT PRESENT, IF A DRIVER FAILS TO MAINTAIN THE PROPER STANDARD OF CARE EXPECTED OF HIM BY THE LAW AND HE COMMITS AN OFFENCE, HE MAY BE PROSECUTED FOR DANGEROUS DRIVING OR FOR CARELESS DRIVING. DANGEROUS DRIVING CARRIES MORE SEVERE MAXIMUM PENALTIES THAN DOES CARELESS DRIVING,+ MR SCOTT SAID.

+YOU MIGHT EXPECT THAT DIFFERENCE IN MAXIMUM PENALTY TO REFLECT A CLEAR DIFFERENCE IN THE DEGREE OF FAULT WHICH MUST BE PROVED BY THE PROSECUTION, BUT THE DISTINCTION BETWEEN THE TWO OFFENCES OVER THE YEARS HAS IN PRACTICE BECOME BLURRED, BECAUSE COURTS HAVE HELD THAT DANGEROUS DRIVING DOES NOT REQUIRE PROOF OF A SERIOUS DEGREE OF FAULT.

+SO, THE PRESENT LAW MAKES IT DIFFICULT, IN TOO MANY CASES, TO KNOW WHETHER A PARTICULAR PIECE OF BAD DRIVING FALLS INTO THE CATEGORY OF DANGEROUS DRIVING, OR OF CARELESS DRIVING. THIS DIFFICULTY FACES THE POLICE, THE PROSECUTION, AND THE DEFENDANT AND HIS LAWYERS, HE NOTED.

+THIS DIFFICULTY BECOMES PARTICULARLY IMPORTANT WHERE

A DEATH HAS BEEN CAUSED IN A ROAD ACCIDENT,+ HE SAID. +OBVIOUSLY, CAUSING DEATH BY DANGEROUS DRIVING IS A VERY SERIOUS OFFENCE, BUT AS THE LAW PRESENTLY STANDS, THE ACT CONSTITUTING DANGEROUS DRIVING MAY INVOLVE RELATIVELY LITTLE FAULT ON THE PART OF THE DRIVER. NEVERTHELESS THE CHARGE OF CAUSING DEATH BY DANGEROUS DRIVING CARRIES A MAXIMUM PENALTY IN THE HIGHER COURTS OF FIVE YEARS' IMPRISONMENT. THIS IN SOME CASES COULD BE OUT OF PROPORTION TO THE DEGREE OF FAULT SHOWN BY A PARTICULAR DRIVER, NOTWITHSTANDING THAT A DEATH WAS CAUSED AS A RESULT OF HIS ACT.+

/R SCOTT