TNAG-1959-FCO40-2788-Future-of-Hong-Kong-public-transport-system-various-ordinan-1989 — Page 50

A548

Ord. No. 80/88

ROAD TRAFFIC (AMENDMENT) (NO. 2)

Application of regulations to private roads

118. (1) Subject to any regulations made in pursuance of subsection (2), all regulations made under this Ordinance (except section 12) shall apply to private roads as they apply to roads and, for that purpose-

(a) the other provisions of this Ordinance which relate, in any way, to

such regulations which apply to private roads; and

(b) the provisions of any other Ordinance which relate, in any way, to such regulations which apply to private roads or to the provisions referred to in paragraph (a),

shall apply accordingly.

(2) Where any power is conferred by this Ordinance (except section 12) to make regulations, such power shall include the power to—

(a) specify that all or any regulations made in pursuance of that power

shall not apply to private roads; and

(b) modify or qualify the application to private roads of all or any

regulations made in pursuance of that power.

Proof of certain offences which apply to private roads

as they apply to roads

119. Where any provision of this or any other Ordinance creates an offence an element of which is that the offence occurs on or in relation to a place which is a road or private road, then, without prejudice to the proof of any other elements of that offence, it shall be sufficient in any proceedings alleging the commission of that offence for the prosecution to show that the place where that offence was committed was either a road or private road, without showing that the place was one or the other, and a charge alleging the commission of that offence may be framed accordingly.

Defence

120. (1) Subject to subsection (2), where any provision of this Ordinance (except section 36, 37, 38, 39, 56, 57, 61, 63 or 80), or any other Ordinance, creates an offence an element of which is that the offence occurs on or in relation to a place which is a private road, and irrespective of whether that offence may also occur on or in relation to a place which is a road, then, without--

(a) prejudice to the proof of any other elements of that offence; or (b) limiting the generality of any other defence, or affecting any other charge which may be laid, under any provision of this Ordinance or any other Ordinance,

it shall be a defence in any proceedings alleging the commission of that offence for the defendant to show that the private road where that offence was committed was within-

(i) an area wholly or mainly used for the carrying on of construction

work; or

(ii) an area wholly or mainly used for the carrying on of industry.

(2) Where in any proceedings alleging the commission of an offence referred to in section 119 the prosecution shows that the place where that offence was committed was either a road or private road, without showing that the place was one or the other, subsection (1) shall not apply in relation to those proceedings unless the defendant first shows that the place was a private road.

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