TNAG-1777-FCO40-2531-Public-transport-system-in-Hong-Kong-various-ordinances-1988 — Page 28

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TATE'S CAIRN TUNNEL

PART IX

TRAFFIC OFFENCES: SUPPLEMENTARY PROVISIONS

Ord. No. 50/88

A259

41. (1) Without prejudice to section 63 of the Road Traffic Ordin- Obligation ance, where the driver of a motor vehicle is suspected of having committed to give an offence against this Ordinance in the tunnel area, any person (including information both the registered owner of the vehicle and the person suspected of being relating to the the driver of the vehicle at the time of the alleged offence) shall, on demand driving of made within 3 months after the date of the alleged offence, give to a tunnel officer in the manner prescribed in this section the name, address and driving (Cap. 374) licence number of the person driving the vehicle at the time of the alleged offence and his relationship (if any) to the driver.

(2) A demand under subsection (1) may be made orally or by means of a notice served personally or by post on the person on whom it is made.

(3) Where a demand under subsection (1) is made orally to any person he shall-

(a) if he was the driver of the vehicle at the time of the alleged

offence

(i) give immediately his name and address; and

(ii) give the number of his driving licence to a specified tunnel officer within 21 days after the date of the demand; and

(b) if he was not the driver of the vehicle at the time of the alleged offence, give the information required under subsection (1) to a specified tunnel officer either orally or in writing within 21 days after the date of the demand.

(4) A notice under subsection (2) shall require the person to whom it is addressed-

(a) to furnish, within 21 days after the date of the notice, to a tunnel officer specified therein, a written statement, in such form as may be specified in the notice, giving the name, address and driving licence number of the person driving the vehicle at the time of the alleged offence and his relationship (if any) to the driver; and

(b) to sign the said statement.

(5) Subject to subsection (6), any person who contravenes subsec- tion (1) shall be guilty of an offence and shall be liable on conviction to a fine of $4,000 and to imprisonment for 6 months.

(6) In proceedings for an offence under subsection (5), it shall be a defence to show that the accused person did not know, and could not with reasonable diligence have ascertained, the name or address or driving licence number of the person driving the vehicle at the time of the alleged offence.

vehicles

42. If, in any summary proceedings for an offence under this Ordin- Proof in ance, there is produced to the court a statement which—

(a) purports to have been signed by the accused person;

(b) was furnished in accordance with a notice served on him under

section 41; and

summary

proceedings of identity of driver