TNAG-1364-FCO40-1810-Hong-Kong-Hansard-reports-and-minutes-of-the-meetings-of-the-1986 — Page 105

Supplementary to question No. 3

in the LegCo Meeting on 4.12.85

Mr. Martin Lee:- Sir, may I first of all thank the Secretary

for a very detailed and carefully prepared answer. May I ask him

for clarification on the following three matters:

Firstly, are there any departmental guidelines as to when a

particular procedure is to be used?

Secondly, if so, is the Secretary prepared to let Members of

this Council have copies of the same; and

Thirdly, is the decision as to which procedure should be used

exercised by a police officer of any rank or only by a relatively

senior police officer?

Secretary for Transport:- Sir, yes, detailed guidelines exist in

the Traffic Wing of the Royal Hong Kong Police Force and these are

used in determining the procedures to be adopted for speeding offences

and under the Ordinances. These are internal instructions, Sir, I would

need to consult the Commissioner of

Police

before undertaking

to distribute copies of these to Members. I will so discuss with him.

As to the question of who takes the decision on which procedure to use,

the practice is that the police officer who stops the motorist in

connection with the offence decides which course of action to take

in accordance with the policy instructions laid down at headquarters

level, and generally speeding in excess of 30 kilometers would attract

the proceeding under the Road Traffic Ordinance, rather than a fixed

penalty.

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