1964_ROAD_TRAFFIC_ORDINANCE_2 — Page 53

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CAP. 374]

Road Traffic

[1989 Ed.

(2) A police officer of the rank of sergeant or above who has reason to believe that an offence against this Ordinance relating to the emission of smoke or visible vapour has been committed within the preceding 14 days may by notice in writing served personally or by post on the owner of the vehicle require production of the vehicle at such vehicle examination centre or police station on such date and at such time as may be specified in the notice for the purpose of

(a) measurement of the emission of smoke or visible vapour by means of prescribed apparatus; or

(b) examination of the vehicle to ascertain whether its condition remains such that its use results in the commission of an offence against this Ordinance relating to the emission of smoke or visible vapour.

(3) An owner served with a notice under subsection (2) who fails without reasonable excuse to produce the vehicle on the date and at the time and place specified in the notice commits an offence and is liable on conviction to a fine of $2,000.

67. Power to seize document, vehicle licence or registration mark

(1) If a police officer has reasonable cause to believe that a document produced to him pursuant to the provisions of this Ordinance or any requirement made thereunder is a document in relation to which an offence has been committed under section 111, he may seize the document; and when a document is seized under this subsection, the person from whom it is taken shall, unless the document has been previously returned to him or he has been previously charged with an offence under section 111, be summoned before a court or magistrate to account for his possession of the said document and the court or magistrate shall make such order regarding the disposal of the document and award such costs as the justice of the case may require. [cf. 1972 c. 20 s. 173(1) U.K.]

(2) If a police officer has reasonable cause to believe that a document, vehicle licence or registration mark carried on a motor vehicle or by the driver thereof is a document, vehicle licence or registration mark in relation to which an offence has been committed under section 111, he may seize the document, vehicle licence or registration mark and when a document, vehicle licence or registration mark is seized under this subsection either the driver or the owner of the vehicle shall, if the document, vehicle licence or registration mark is still detained and neither of them has previously been charged with an offence in relation thereto under this Ordinance, be summoned before a court or magistrate to account for his possession of, or the presence on the vehicle of, the said document, vehicle licence or registration mark and the court or magistrate shall make such order regarding the disposal of the document, vehicle licence or registration mark and award such costs as the justice of the case may require.