XN000022-1985-12-04 — Page 35

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WEDNESDAY, DECEMBER 4, 1985

MR THOMAS SAID THAT MR LEE, THEN CHAIRMAN OF THE HONG KONG BAR ASSOCIATION, ADVANCED SOME HELPFUL AND PENETRATING CRITICISMS OF THE DRAFT AND THE POINTS WERE SUBSEQUENTLY CONSIDERED WITHIN THE ATTORNEY GENERAL'S CHAMBERS.

+VARIOUS VIEWS WERE EXPRESSED BUT NO CONSENSUS WAS REACHED, HE ADDED.

SINCE THEN, THERE HAD BEEN DELAYS IN DEALING WITH THE PROBLEM. HAVING LOOKED INTO THE MATTER AS A RESULT OF MR LEE'S QUESTION, HE SAID THAT HE WOULD SEE WHETHER AN ACCEPTABLE SOLUTION COULD BE FOUND IN CONSULTATION WITH ALL INTERESTED PARTIES.

+A PROPOSAL TO AMEND SECTION 27 OF THE MAGISTRATES ORDINANCE (CAP. 227) TO ALLOW THE MAGISTRATE A DISCRETION IN RELATION TO THE AMENDMENT OF A DEFECTIVE COMPLAINT, INFORMATION OR SUMMONS CANNOT BE CONSIDERED IN ISOLATION BECAUSE THE PROVISION CONCERNED (SUBSECTION (2) OF SECTION 27) IS LINKED WITH OTHER SUBSECTIONS, + MR THOMAS SAID,

+

+WHEN CONSIDER ING AN AMENDMENT. IT IS NECESSARY TO LOOK AT THE WHOLE OF SECTION 27 TO CREATE AN ACCEPTABLE OVERALL PROCEDURE,+ HE ADDED.

TRAFFIC OFFENCE PROSECUTION EXPLAINED *****

ALTHOUGH THE ATTORNEY GENERAL HAS THE OVERALL RESPONSIBILITY FOR PROSECUTION, THE DECISION WHETHER TO USE ROAD TRAFFIC ORDINANCE (CAP 374) OR ROAD TRAFFIC (DRIVING OFFENCE POINTS) ORDINANCE (CAP 375) IN DEALING WITH A TRAFFIC OFFENCE IS EXERCISED BY A POLICE OFFICER, THE SECRETARY FOR TRANSPORT, THE HON IAN MACPHERSON, SAID TODAY (WEDNESDAY).

REPLYING TO A QUESTION BY THE HON MARTIN LEE, HE SAID THE DECISION WAS BASED ON THE PERCEIVED SERIOUSNESS OF THE ALLEGED OFFENCE, WITH THE ROAD TRAFFIC ORDINANCE BEING USED FOR MORE SERIOUS OFFENCES.

ON THE QUESTION OF DISQUALIFICATION, MR MACPHERSON SAID THAT UNDER THE ROAD TRAFFIC (DRIVING OFFENCE POINTS) ORDINANCE (CAP 375), A MAGISTRATE MAY ORDER À DISQUALIFICATION WHERE AN OFFENDER HAS ACCUMULATED 15 OR MORE DRIVING-OFFENCE POINTS.

FOR OFFENCES WHICH WERE NOT COVERED BY THE FIXED PENALTY (CRIMINAL PROCEEDINGS) ORDINANCE, MR MACPHERSON SAID THE COURT HAD A GENERAL POWER UNDER SECTION 69 OF THE ROAD TRAFFIC ORDINANCE TO DISQUALIFY A PERSON CONVICTED OF ANY OFFENCE FOR SUCH A PER IOD AS IT THOUGHT FIT.

/FOR OFFENCES