XN000022-1982-12-22 — Page 13

WEDNESDAY, DECEMBER 22, 1982

11

+

MR SCOTT SAID UNOFFICIAL MEMBERS, HAVING STUDIED THIS, HAD ACCEPTED THAT IT WAS NOT DESIRABLE TO DEFINE RECKLESS DRIVING IN THE BILL, BECAUSE THIS WOULD PUT THE CONCEPT IN A STRAIT JACKET AND NEGATE ITS POSSIBLE FURTHER EVOLUTION THROUGH CASE LAW.

+RESERVING THE CHARGE OF RECKLESS DRIVING SOLELY FOR OFFENCES INVOLVING BODILY INJURY, AS MR CHAN KAM-CHUEN SUGGESTS, WOULD NOT I THINK HELP, BECAUSE CREATING A SERIOUS RISK OF PHYSICAL INJURY, WHETHER OR NOT ACTUALLY CAUSING IT, IS AN INTEGRAL PART OF THE CONCEPT OF RECKLESS DRIVING AS STATED IN THE JUDGEMENT OF THE HOUSE OF LORDS WHICH I HAVE JUST QUOTED,+ HE SAID.

HE SAID UNOFFICIAL MEMBERS ALSO REFLECTED THE CONCERN EXPRESSED BY DRIVERS' ASSOCIATION THAT THE TRANSLATION OF 'RECKLESS DRIVING" INTO CHINESE USED IN THE EXPLANATORY MEMORANDUM WAS INADEQUATE.

+THE SECRETARY FOR HOME AFFAIRS WISHES TO JOIN ME IN EXPRESSING APPRECIATION FOR THE CARE WITH WHICH UNOFFICIAL MEMBERS HAVE WORKED TO PRODUCE A TRANSLATION WHICH CLEARLY EMBODIES THE CONCEPT OF DRIVING WITHOUT REGARD TO THE CONSEQUENCES.+

A NEW CHINESE VERSION OF THE TERM WILL BE USED IN THE EXPLANATORY MEMORANDUM WHEN THE BILL IS PUBLISHED AS AN ORDINANCE. IT CAN BE RE-TRANSLATED INTO ENGLISH AS +WITHOUT REGARD TO THE CONSEQUENCES, DRIVING RECKLESSLY+.

MR SCOTT SAID ANXIETY HAD BEEN EXPRESSED AS TO WHETHER MEMBERS OF THE POLICE FORCE WOULD BE ABLE TO DISTINGUISH FAIRLY BETWEEN RECKLESS DRIVING AND CARELESS DRIVING,

HE SAID THE POLICE WOULD IN THE NORMAL COURSE BE TRAINED IN THE PROVISIONS OF THE NEW LEGISLATION, INCLUDING THE OFFENCE OF RECKLESS DRIVING.

+BUT IN ANY CASE, I MUST POINT OUT THAT THE CHARGING OF AN OFFENCE OF RECKLESS DRIVING IS NOT LEFT TO THE TRAFFIC POLICEMAN AT THE SCENE OF THE OFFENCE. THE POSSIBILITY AND NATURE OF SUCH CHARGES IS CONSIDERED AT SENIOR LEVELS WITHIN THE FORCE.+

HE SAID THE ATTORNEY GENERAL HAD ASSURED THAT AS AN ADDITIONAL SAFEGUARD, IN THE INITIAL PERIOD FOLLOWING THE IMPLEMENTATION OF THE BILL, ALL CASES CONSIDERED TO BE OFFENCES OF RECKLESS DRIVING WOULD BE REFERRED NOT ONLY TO SENIOR LEVELS WITHIN THE POLICE FORCE, BUT ALSO TO THE DIRECTOR OF PUBLIC PROSECUTIONS IN THE ATTORNEY GENERAL'S CHAMBER.

ON REDUCING THE LEVEL OF PENALITIES, MR SCOTT SAID ALTHOUGH HE RECOGNISED THAT THESE AMENDMENTS WOULD BE WELCOMED BY ONE SECTION OF THE COMMUNITY, HE COULD NOT OVERLOOK THE VIEW, WHICH HAD RECENTLY FOUND STRONG EXPRESSION IN EDITORIALS IN SOME ENGLISH AND CHINESE NEWSPAPERS, THAT PEDESTRIANS - THE SILENT MAJORITY OF ROAD USERS - DESERVE TO BE, AND MUST BE, PROTECTED FROM RECKLESS DRIVING.

/+IT IS