36
CAP. 374]
[1989 Ed.
(2) A person convicted of an offence under this section shall be disqualified for a period of not less than 18 months in the case of a second or subsequent conviction or of a conviction subsequent to a conviction under section 11(1) of the repealed Ordinance unless the court or magistrate for special reasons orders that he be disqualified for a shorter period or that he not be disqualified:
Provided that when a period of not less than 5 years has elapsed since his last previous conviction for an offence under this section or under section 11(1) of the repealed Ordinance, the court or magistrate may deal with the offence as a first offence.
(3) On the trial of any person for an offence under subsection (1) he may be acquitted of that offence and be found guilty of an offence under section 38.
[cf. 1972 c. 20 s. 2 U.K.]
38. Careless driving
(1) A person who drives a motor vehicle on a road carelessly commits an offence and is liable to a fine of $4,000 and to imprisonment for 6 months.
(2) A person drives carelessly within the meaning of this section if on a road he drives a vehicle without due care and attention or without reasonable consideration for other persons using the road.
39. Driving a motor vehicle under the influence of drink or drugs
(1) A person who drives or attempts to drive or is in charge of a motor vehicle on any road while he is under the influence of drink or drugs to such an extent as to be incapable of having proper control of the motor vehicle commits an offence and is liable-
(a) on conviction on indictment to a fine of $20,000 and to imprisonment for 3 years; and
(b) on summary conviction in the case of a first offence to a fine of $10,000 and to imprisonment for 6 months and in the case of a second or subsequent conviction or of a conviction subsequent to a conviction under section 12 of the repealed Ordinance to a fine of $15,000 and to imprisonment for 12 months.
(2) A person convicted of an offence under this section shall be disqualified for a period of not less than 2 years in the case of a second or subsequent conviction or of a conviction subsequent to a conviction under section 12 of the repealed Ordinance unless the court or magistrate for special reasons orders that he be disqualified for a shorter period or that he not be disqualified:
36
CAP. 374]
Road Traffic
[1989 Ed.
(2) A person convicted of an offence under this section shall be disqualified for a period of not less than 18 months in the case of a second or subsequent conviction or of a conviction subsequent to a conviction under section 11(1) of the repealed Ordinance unless the court or magistrate for special reasons orders that he be disqualified for a shorter period or that he not be disqualified:
Provided that when a period of not less than 5 years has elapsed since his last previous conviction for an offence under this section or under section 11(1) of the repealed Ordinance, the court or magistrate may deal with the offence as a first offence.
(3) On the trial of any person for an offence under subsection (1) he may be acquitted of that offence and be found guilty of an offence under section 38.
[cf. 1972 c. 20 s. 2 U.K.]
38. Careless driving
(1) A person who drives a motor vehicle on a road carelessly commits an offence and is liable to a fine of $4,000 and to imprisonment for 6 months.
(2) A person drives carelessly within the meaning of this section if on a road he drives a vehicle without due care and attention or without reasonable consideration for other persons using the road.
39. Driving a motor vehicle under the
influence of drink or drugs
(1) A person who drives or attempts to drive or is in charge of a motor vehicle on any road while he is under the influence of drink or drugs to such an extent as to be incapable of having proper control of the motor vehicle commits an offence and is liable-
(a) on conviction on indictment to a fine of $20,000 and to im-
prisonment for 3 years; and
(b) on summary conviction in the case of a first offence to a fine of $10,000 and to imprisonment for 6 months and in the case of a second or subsequent conviction or of a conviction subsequent to a conviction under section 12 of the repealed Ordinance to a fine of $15,000 and to imprisonment for 12 months.
(2) A person convicted of an offence under this section shall be disqualified for a period of not less than 2 years in the case of a second or subsequent conviction or of a conviction subsequent to a conviction under section 12 of the repealed Ordinance unless the court or magistrate for special reasons orders that he be disqualified for a shorter period or that he not be disqualified:
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