1964_CROSS-HARBOUR_TUNNEL_ORDINANCE — Page 24

1984 Ed.]

Cross-Harbour Tunnel

[CAP. 203

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(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 sub-section (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 subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $2,000 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.

62B. If, in any summary proceedings for an offence under this Ordinance or under the Cross-Harbour Tunnel (Passage Tax) Ordinance, there is produced to the court a statement which-- (Amended, 28 of 1984, s. 10)

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

(b) was furnished in accordance with a notice served on him under section 62A(2); and

(c) states that the accused person was the driver of the vehicle at the time of the offence.

the court shall admit the statement as prima facie evidence that the accused person was the driver of the vehicle at the time of the offence.

Proof in summary proceedings of identity of driver. (Cap. 274.)

62C. (1) In this Part-

"driver", in relation to any motor vehicle, means any person who is in charge of or assisting in the control of such vehicle;

"driving licence" means a licence issued in accordance with regulations made under section 8 of the Road Traffic Ordinance; (Amended, 75 of 1982, s. 114)

Definitions and application. (Cap. 374.)