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WEDNESDAY, FEBRUARY 22, 1989
AMENDMENT REGULATIONS UNDER ROAD TRAFFIC LAW APPROVED
TWO AMENDMENT REGULATIONS UNDER THE ROAD TRAFFIC ORDINANCE, BOTH OF WHICH RELATE TO THE ONUS OF PROOF. WERE APPROVED BY THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
MOVING THE MOTION SEEKING APPROVAL, THE SECRETARY FOR TRANSPORT, THE HON MICHAEL LEUNG, SAID THE ROAD TRAFFIC (PARKING ON PRIVATE ROADS) (AMENDMENT) REGULATIONS 1989 AND THE ROAD TRAFFIC (TRAFFIC CONTROL) (AMENDMENT) (NO. 3) REGULATIONS 1989 HAD BY THE GOVERNOR IN COUNCIL ON JANUARY 17.
MR LEUNG SAID THE ROAD TRAFFIC ORDINANCE REGULATION MADE UNDER THE ORDINANCE TO PROVIDE THAT IN PROCEEDINGS THE ONUS OF PROOF SHOULD REST WITH THE PROSECUTED OR CERTAIN FACTS SHOULD BE PRESUMED UNTIL THE PROVED.
BEEN MADE
ALLOWED ANY ANY CRIMINAL PERSON BEING CONTRARY WAS
THE ROAD TRAFFIC (PARKING ON PRIVATE ROADS) (AMENDMENT) REGULATIONS 1989 PROVIDED THAT ANY TRAFFIC SIGN OR ROAD MARKING PLACED ON A PRIVATE ROAD SHOULD BE DEEMED TO BE LAWFULLY SO PLACED IF IT WAS SIMILAR TO THAT SPECIFIED IN SCHEDULE 1.
A CODE OF PRACTICE WOULD BE PUBLISHED TO GIVE GUIDANCE ΤΟ PRIVATE ROAD OWNERS FOR PLACING SIGNS AND MARKINGS SPECIFIED IN THAT SCHEDULE.
TO PARKING
THE PURPOSE OF THIS AMENDMENT WAS TO ENABLE THESE OWNERS PLACE AND USE SUCH SIGNS AND MARKINGS TO CONTROL UNAUTHORISED ON THEIR ROADS EFFECTIVELY.
MR LEUNG SAID THE ROAD TRAFFIC (TRAFFIC CONTROL) (NO. 3) REGULATIONS 1989 GAVE THE COMMISSIONER FOR SUFFICIENT POWERS TO REQUIRE THE OWNER OF A PRIVATE ROAD ANY IMPROPER TRAFFIC SIGN OR ROAD MARKING ON THAT ROAD.
(AMENDMENT) TRANSPORT TO REMOVE
THESE REGULATIONS PROVIDED THAT IN ANY CRIMINAL PROCEEDINGS AGAINST THE OWNER OF A PRIVATE ROAD IN RESPECT OF AN IMPROPER TRAFFIC SIGN OR ROAD MARKING PLACED ON THAT ROAD, THE ONUS WAS ON THE OWNER TO PROVE THAT THE SIGN OR MARKING WAS UNAUTHORISED AND HAD BEEN PLACED ON OR AFTER THE COMMENCEMENT OF THE ROAD TRAFFIC (AMENDMENT) (NO. 2) ORDINANCE 1988 WITHOUT HIS PERMISSION.
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