1989 Ed.]
Road Traffic
[CAP. 374
53
magistrate shall make such order respecting the disposal of the said document, vehicle licence or registration mark and award such costs as the justice of the case may require. [cf. 1972 c. 20 s. 173(2) U.K.]
(3) For the purposes of this section the power to seize includes power to detach from a vehicle. [cf. 1972 c. 20 s. 173(2) U.K.]
68. Notice of intention to prosecute for certain offences
(1) Subject to subsection (2), a person prosecuted for an offence under section 36, 37, 38 or 41 (which relate respectively to causing death by reckless driving, reckless driving, careless driving and driving in excess of the speed limit) shall not be convicted of such offence unless-
(a) he was warned at the time of the commission of the offence or within 24 hours thereafter that the question of prosecuting him under some one or other of the provisions aforesaid would be taken into consideration; or
(b) within 14 days of the commission of the offence, either he was charged before a magistrate or a summons in respect thereof was served on him; or
(c) within 14 days, excluding public holidays, of the commission of the offence, a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed was served on him, or sent by registered post to him, or served on or sent by registered post to the person in whose name the vehicle was registered at the time of the commission of the offence; or
(d) in the case of an offence under section 41, he was served with a notice under section 3(3) of the Fixed Penalty (Criminal Proceedings) Ordinance (Cap.240) and has failed to comply therewith.
(2) Subsection (1) shall not apply if it appears to the court or magistrate that-
(a) the person prosecuted was not prejudiced in his defence by a failure to comply with that subsection; or
(b) the person prosecuted by his own conduct contributed to the failure to comply with that subsection.
(3) The requirements of subsection (1) shall in every case be presumed to have been complied with unless and until the contrary is proved.
69. Disqualification on conviction of certain offences
(1) Without prejudice to any other provision relating to the penalty that may be, or is required to be, imposed for an offence, a court before which
1989 Ed.]
Road Traffic
[CAP. 374
53
magistrate shall make such order respecting the disposal of the said document, vehicle licence or registration mark and award such costs as the justice of the case may require. [cf. 1972 c. 20 s. 173(2) U.K.]
(3) For the purposes of this section the power to seize includes power to detach from a vehicle. [cf. 1972 c. 20 s. 173(2) U.K.]
68. Notice of intention to prosecute for certain offences
(1) Subject to subsection (2), a person prosecuted for an offence under section 36, 37, 38 or 41 (which relate respectively to causing death by reckless driving, reckless driving, careless driving and driving in excess of the speed limit) shall not be convicted of such offence unless-
(a) he was warned at the time of the commission of the offence or within 24 hours thereafter that the question of prosecuting him under some one or other of the provisions aforesaid would be taken into consideration; or
(b) within 14 days of the commission of the offence, either he was charged before a magistrate or a summons in respect thereof was served on him; or
(c) within 14 days, excluding public holidays, of the commission of the offence, a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed was served on him, or sent by registered post to him, or served on or sent by registered post to the person in whose name the vehicle was registered at the time of the commission of the offence; or
(d) in the case of an offence under section 41, he was served with a notice under section 3(3) of the Fixed Penalty (Criminal Proceedings) Ordinance (Cap. 240) and has failed to comply therewith.
(2) Subsection (1) shall not apply if it appears to the court or magistrate that-
(a) the person prosecuted was not prejudiced in his defence by a
failure to comply with that subsection; or
(b) the person prosecuted by his own conduct contributed to the
failure to comply with that subsection.
(3) The requirements of subsection (1) shall in every case be presumed to have been complied with unless and until the contrary is proved.
69. Disqualification on conviction of certain offences
(1) Without prejudice to any other provision relating to the penalty that may be, or is required to be, imposed for an offence, a court before which
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