XN000022-1986-07-09 — Page 45

WEDNESDAY, JULY 9,

JULY 9, 1986

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RELIEF FOR DISQUALIFIED DRIVERS UNDESIRABLE

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IT WAS ACCEPTED ON ALL SIDES THAT RETROSPECTIVE LEGISLATION. WHICH WOULD PROVIDE RELIEF FOR DRIVERS ALREADY DISQUALIFIED UNDER THE ROAD TRAFFIC ORDINANCE, WOULD BE UNDESIRABLE FOR A NUMBER OF LEGAL AND PRACTICAL REASONS, THE SECRETARY FOR TRANSPORT, THE HON HARNAM GREWAL, SAID TODAY (WEDNESDAY).

NOT THE LEAST OF THESE WAS THE RISK OF ALLOWING UNFIT DRIVERS BACK ONTO THE ROADS, HE SAID.

WINDING UP THE DEBATE ON THE ROAD TRAFFIC (AMENDMENT)(NO. 2) BILL 1986 TODAY AT THE LEGISLATIVE COUNCIL, MR GREWAL SAID THE MATTER, WHICH WAS RAISED BY THE HON TAM YIU-CHUNG, HAD BEEN GIVEN VERY SERIOUS CONSIDERATION AND BEEN UNDER EXTENSIVE DISCUSSIONS WITH AN AD HOC GROUP OF UMELCO MEMBERS.

TURNING TO THE PROPOSED NEW SYSTEM, MR GREWAL SAID SPEEDING OFFENCES WOULD NORMALLY BE DEALT WITH BY THE FIXED PENALTY PROCEDURE UNDER THE FIXED PENALTY (CRIMINAL PROCEEDINGS) ORDINANCE AND THE ROAD TRAFFIC (DRIVING-OFFENCE POINTS) ORDINANCE.

SUMMONS ACTION UNDER THE ROAD TRAFFIC ORDINANCE WOULD BE TAKEN ONLY IN THE FOLLOWING CIRCUMSTANCES:

FIRST, IN A CASE WHERE THE OFFENDER IS A HOLDER OF AN INTERNATIONAL DRIVING PERMIT OR A FOREIGN DRIVING LICENCE RECOGNISED IN HONG KONG AND WHERE ACTION BY FIXED PENALTY IS TECHNICALLY NOT POSSIBLE:

SECONDLY, IN A CASE WHERE A DRIVER COMMITS SPEEDING AND OTHER TRAFFIC OFFENCES AT THE SAME TIME;

THIRDLY, IN A CASE WHERE THE SERIOUSNESS OF THE OFFENCE WARRANTS EXPOSURE OF THE OFFENDER TO HIGHER PENALTIES PROVIDED FOR UNDER THE ROAD TRAFFIC ORDINANCE; AND

FOURTHLY, IN A CASE WHERE THE DRIVER CANNOT BE STOPPED AT THE SCENE OF A SPEEDING OFFENCE AND CANNOT BE TRACED AFTER 3-1/2 MONTHS.

ELABORATING ON THE LAST CATEGORY, MR GREWAL SAID SUMMONS ACTION WOULD ONLY BE TAKEN AGAINST THE REGISTERED VEHICLE OWNER.

THE 3-1/2 MONTH PERIOD WAS SET ADMINISTRATIVELY TO COPE WITH THE LEGAL REQUIREMENT TO SERVE A DEMAND NOTICE OR TO APPLY FOR SUMMONS WITHIN SIX MONTHS OF THE DATE OF AN OFFENCE, HE SAID.

MR GREWAL SAID THAT ARRANGEMENTS WERE IN HAND TO PUBLICISE THE NEW PROVISIONS WIDELY.

A PAMPHLET, WHICH CLEARLY SET OUT THE OFFENCES FOR WHICH DRIVING-OFFENCE POINTS WOULD BE AWARDED AND THE NUMBER OF POINTS IN EACH CASE, WOULD BE AVAILABLE AT ALL TRANSPORT DEPARTMENT LICENSING OFFICES AND DISTRICT OFFICES, HE SAID.

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