1964_TATE_S_CAIRN_TUNNEL_ORDINANCE — Page 21

20

CAP. 393]

Tate's Cairn Tunnel

[1988 Ed.

shall-

(3) Where a demand under subsection (1) is made orally to any person he

(a) if he was the driver of the vehicle at the time of the alleged offence-

(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 subsection (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 $4,000 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.

Proof in summary proceedings of identity of driver

42. If, in any summary proceedings for an offence under this Ordinance, there is produced to the court a statement which-

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

(b) was furnished in accordance with a notice served on him under section 41; 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 of plan

43. (1) In any prosecution for an offence against this Ordinance, a copy of the plan, certified by the Commissioner to be a copy of such plan, shall be conclusive proof of the tunnel area.

(2) Any such copy purporting to be certified by the Commissioner shall be deemed, until the contrary is proved, to have been certified by him.