XN000022-1982-08-05 — Page 4

THURSDAY, AUGUST 5, 1982

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IN VIEW OF THE INTEREST EXPRESSED IN THE BILL SINCE ITS PUBLICATION, MR SCOTT GAVE TWO EXAMPLES OF WHAT MIGHT CONSTITUTE +RECKLESS DRIVING+, ALTHOUGH INDIVIDUAL CASES WOULD HAVE TO BE JUDGED ACCORDING TO CIRCUMSTANCES AS ESTABLISHED BY EVIDENCE. THE FIRST WAS THE MANOEUVRE OF CHANGING LANES.

+IT IS INDEED A MANOEUVRE WHICH CAN BE SAFELY PERFORMED, BUT CAN ALSO BE DANGEROUSLY PERFORMED. IF A DRIVER CHANGES LANES SAFELY WHERE IT IS NOT OTHERWISE PROHIBITED AND HE HAS A PROPER REASON FOR DOING SO, THEN IT CANNOT BE SAID TO BE CARELESS OR RECKLESS DRIVING. IF HE CHANGES LANES WITHOUT CHECKING HIS MIRROR OR WITHOUT SIGNALLING IN REASONABLE TIME, THIS MIGHT BE HELD TO AMOUNT TO CARELESS DRIVING. IF, HOWEVER, HE CHANGES LANES AT EXCESSIVE SPEED IN HEAVY TRAFFIC ON THE APPROACH TO A JUNCTION WHERE PEDESTRIANS ARE CROSSING THE ROAD, HE WOULD SEEM LIABLE TO BE CHARGED WITH RECKLESS DRIVING,+

THE SECOND EXAMPLE WAS THE MANOEUVRE OF U-TURNS, WHICH HE SAID COULD BE ENTIRELY LAWFUL IN PERMITTED CIRCUMSTANCES. +BUT IF A DRIVER MADE A U-TURN AT A FORBIDDEN POINT, AND DID IT AGAINST TRAFFIC COMING THE OTHER WAY, IT COULD AMOUNT TO RECKLESSNESS, IF IT CREATED A SERIOUS RISK OF HARM. THE TEST IS. WOULD AN ORDINARY PRUDENT DRIVER HAVE DONE THAT, IN THE CIRCUMSTANCES?+

MR SCOTT SAID THERE WERE TOO MANY SERIOUS ROAD ACCIDENTS AND A LOT OF DISCOURTEOUS DRIVING IN HONG KONG, WHICH ADMITTEDLY WAS A VERY PRESSURED SOCIETY.

+BUT WHATEVER THE PRESSURES, THEY DO NOT REMOVE THE DUTY OF ALL DRIVERS TO DRIVE PRUDENTLY AND SENSIBLY, AND THIS MUST APPLY TO DRIVERS OF ALL SORTS, TO PROFESSIONALS AS MUCH AS TO WEEKEND DRIVERS AND COMMUTERS,+ HE SAID. +DEATH IS INDEED NO RESPECTER OF PERSONS, BUT IT IS THE DUTY OF ALL OF US WHO USE THE ROADS TO SEE THAT NEITHER DEATH, NOR INJURY, NOR CAUSING FEAR AMONG OTHERS USING THE ROADS IS THE RESULT OF OUR DRIVING.

MR SCOTT CONCLUDED BY SAYING THAT THE INTENTION OF THE LEGISLATION WAS TO ENCOURAGE AND ENFORCE SAFETY ON OUR ROADS, AND THAT THE SENSIBLE, PRUDENT DRIVER WOULD HAVE NOTHING TO FEAR FROM THE BILL.