Cap. 374 《道路交通條例》Road Traffic Ordinance

A person is disqualified if the person is disqualified from holding or obtaining a driving licence under this Ordinance.

For the purposes of the following provisions, and without limiting subsection (1), a person is disqualified if the person is disqualified from holding or obtaining a driving licence under the Road Traffic (Driving-offence Points) Ordinance (Cap. 375)—

For the purposes of the following provisions, and without limiting subsection (1), a person is disqualified if the person is disqualified from driving a taxi under the Taxi-Driver-Offence Points Ordinance (Cap. 647)— (Amended E.R. 5 of 2024)

The word “disqualification” is to be construed in accordance with subsections (1), (2) and (3).

A reference to being disqualified from driving a taxi includes being disqualified from holding or obtaining a driving licence to drive a taxi.

Subject to section 4A, Parts 5, 7, 8, 12, 13 (except section 121) and 14 (except section 131) shall apply to vehicles and persons in the public service of the State and for the purpose of proceedings for an offence in connection with any such vehicle against any person other than the driver of the vehicle the person nominated in that behalf by the department in whose service the vehicle is used shall be deemed to be the person actually responsible unless it is shown to the satisfaction of the court or magistrate that only the driver was responsible. [cf. 1930 c. 43 s. 121(2) U.K.]

Any regulations made in exercise of the powers conferred by sections 6, 8, 9, 10, 11, 12, 12A, 121 and 131 may be expressed to apply to vehicles and persons in the public service of the State in the same manner as Parts 5, 7, 8, 12, 13 and 14 are applied by subsection (1) subject to such modifications and exceptions as may be specified in the regulations.

Sections 36, 36A, 37, 38, 39, 39A, 39B, 39C, 39D, 39E, 39J, 39K, 39L, 39M, 39N, 39O, 39P, 39Q, 39R, 39S, 39U, 40, 41, 56, 57, 60, 61, 63 and 64 shall apply to trams and to vehicles of the North-west Railway and sections 56, 57, 63 and 64 shall apply to vehicles of the North-west Railway on any part of the carriageway of the North-west Railway that is not a road in the same way as those sections apply in relation to vehicles on roads. (Amended 39 of 1995 s. 3; 19 of 2010 s. 3; 24 of 2011 s. 4)

Any regulations made in exercise of the powers conferred by sections 7 and 11 may be expressed to apply to trams or to vehicles of the North-west Railway and may also be expressed to apply in relation to any part of the carriageway of the North-west Railway specified in the regulations, subject to such modifications and exceptions as may be specified in the regulations.

Except to the extent specified in subsections (2), (2A) and (3) or where it is otherwise expressly provided, this Ordinance shall not apply to village vehicles. (Amended 80 of 1988 s. 5)

Parts 1, 7, and 11 and sections 12A (together with any regulations made under that section), 36 (other than subsections (2), (2A), (2AB), (2B), (2C), (2D) to the extent that it relates to minimum disqualification periods and (3)), 36A (other than subsections (2), (3), (4), (5), (6) to the extent that it relates to minimum disqualification periods and (9)), 37 (other than subsections (2), (2A), (2B), (2C), (2D) to the extent that it relates to minimum disqualification periods and (3)), 38, 39 (other than subsections (2), (2A), (2B) and (2C)), 39A (other than subsections (1A), (2), (2A), (2B) and (2C)), 39B (other than subsections (7), (7A), (7B) and (7C)), 39C (other than subsections (16), (16A), (16B) and (16C)), 39D, 39E, 39J (other than subsections (2), (3), (4), (5) and (6)), 39K (other than subsections (2), (3), (4) and (5)), 39L (other than subsections (2), (3), (4) and (5)), 39M, 39N, 39O (other than subsections (4), (5), (6) and (7)), 39P, 39Q, 39R, 39S (other than subsections (3), (4), (5) and (6)), 39U, 49, 53, 60, 61, 62, 63 (other than provisions relating to driving licences and disqualification except as provided by subsection (2A)), 64, 65, 67, 68, 73, 76, 111 and 112, and Schedules 2 and 5 shall apply to and in relation to village vehicles. (Amended 80 of 1988 s. 5; 39 of 1995 s. 4; 19 of 2010 s. 4; 24 of 2011 s. 5)

The provisions of this Ordinance relating to driving licences and disqualification shall apply to and in relation to—

as if a golf cart were a vehicle of the class of vehicle which may be driven on a road by a person by virtue of being the holder of such a specified driving licence. (Added 80 of 1988 s. 5)

Any regulations made in exercise of the powers conferred by section 9, 10, 11 or 12 may be expressed to apply to village vehicles subject to such modifications and exceptions as may be specified in the regulations.

In the application of any provision of this Ordinance to or in relation to a village vehicle a reference in the provision—

For the purpose of enabling effect to be given to any international agreement for the time being in force in respect of Hong Kong, the Secretary may make regulations for the following purposes— (Amended L.N. 106 of 2002; L.N. 130 of 2007; 6 of 2012 s. 2)

Any regulation made under this section may provide for—

For the purpose of enabling effect to be given to any international agreement for the time being in force in respect of Hong Kong, the Chief Executive in Council may make regulations for the payment in respect of such documents as are mentioned in subsection (1)(a) of such fees as appear to the Chief Executive in Council to be appropriate having regard to any service performed in connection therewith under the regulations. (Added 89 of 1994 s. 3. Amended 3 of 2002 s. 15)

The Secretary may make regulations to provide for— (Amended 89 of 1994 s. 4; L.N. 106 of 2002; L.N. 130 of 2007; 6 of 2012 s. 2)

Regulations made under subsection (1) may empower the Commissioner to amend any Schedule to the regulations which specifies registration marks set aside to be offered for sale, at the discretion of the Commissioner, as personalized registration marks. (Added 25 of 2005 s. 3)

Regulations made under subsection (1) may provide, where applications for personalized registration marks are to be considered by the Commissioner, for the Commissioner to specify—

The Chief Executive in Council may make regulations to provide for— (Amended 25 of 2005 s. 3)

The Secretary may make regulations—

Without limiting subsection (1), a regulation made under that subsection—

Without limiting subsection (1), a regulation made under that subsection may authorize the Commissioner—

Without limiting subsection (1), a regulation made under that subsection may confer, on an agent of the Commissioner, any functions under the regulation, including the issue of a toll tag whether specifically for a vehicle or otherwise.

In this section and section 6B—

If the Secretary considers the public interest so requires, the Secretary may give directions of a general character in writing to an agent of the Commissioner in relation to the performance of the functions of the agent, or of persons employed by the agent, under a regulation made under section 6A.

An agent of the Commissioner must comply with the directions given under subsection (1).

The Secretary may make regulations to provide for— (Amended 89 of 1994 s. 5; L.N. 106 of 2002; L.N. 130 of 2007; 6 of 2012 s. 2)

Regulations made under this section may empower the Commissioner to specify by notice published in the Gazette requirements as to—

any destination indicator, driver identity plate, driver identity plate holder, notice, sign or insignia required for the purposes of such regulations. (Added 54 of 1989 s. 2. Amended 90 of 1993 s. 2; 25 of 2018 s. 3)

The Chief Executive in Council may make regulations to provide for the arrest and detention of persons who commit, or are suspected of having committed, offences under the regulations. (Added 89 of 1994 s. 5. Amended 3 of 2002 s. 15)

The Chief Executive in Council may make regulations to provide for the fares which may be charged on any public service vehicles other than buses operated under a franchise granted under the Public Bus Services Ordinance (Cap. 230) and the fees which may be charged for the hire of a public service vehicle. (Added 89 of 1994 s. 5. Amended 3 of 2002 s. 15)

Where any regulation is made providing for the issue of hire car permits, the Commissioner may in his discretion—

The Secretary may make regulations to provide for—

Any regulation made under this section may empower the Commissioner to specify by notice published in the Gazette—

The Secretary may make regulations to provide for— (Amended 36 of 1990 s. 2; 89 of 1994 s. 6; L.N. 106 of 2002; L.N. 130 of 2007; 6 of 2012 s. 2)

The Chief Executive in Council may make regulations to provide for— (Amended 3 of 2002 s. 15)

Regulations under this section with respect to the testing of persons applying for or holding driving licences may empower the Commissioner to specify that any vehicle used in such testing of persons shall conform with such requirements as the Commissioner may specify. (Added 36 of 1990 s. 2)

The Secretary may make regulations generally as to the construction and maintenance of vehicles, and their equipment, and in particular, but without prejudice to the generality of the foregoing, may make regulations with respect to— (Amended 89 of 1994 s. 7; L.N. 106 of 2002; L.N. 130 of 2007; 6 of 2012 s. 2)

Without prejudice to the generality of subsection (1) regulations under this section with respect to lighting equipment and reflectors may require that lamps be kept lit at such times and in such circumstances as may be specified in the regulations.

Regulations under this section may provide for the authorization of persons to install devices required to be fitted to vehicles, the specification of conditions of any such authorization, the revocation and termination of any such authorization, and the review by a Transport Tribunal of any decision to revoke any such authorization. (Added 6 of 2012 s. 4)

Different regulations may be made under this section as respects different classes of vehicles or as respects the same class of vehicles in different circumstances and vehicles or classes of vehicles may be exempted from all or any of the regulations so made.

[cf. 1972 c. 20 s. 40 U.K.]

The Secretary may make regulations permitting or requiring the provision or use of specified safety equipment by persons driving, riding in or on, or using, any class of vehicle and controlling the sale, hire or possession of specified safety equipment. (Amended 89 of 1994 s. 8; L.N. 106 of 2002; L.N. 130 of 2007; 6 of 2012 s. 2)

The Chief Executive in Council may make regulations providing for the entry by a police officer of premises in which the police officer has reasonable grounds for believing that specified safety equipment not complying with the regulations is held for sale or hire, for the purpose of searching for and seizing such equipment. (Replaced 89 of 1994 s. 8. Amended 3 of 2002 s. 15)

The following shall be specified safety equipment for the purposes of this section—

The Legislative Council may, by resolution, amend subsection (4).

The Secretary may make regulations to provide for— (Amended 61 of 1991 s. 3; 89 of 1994 s. 10; L.N. 106 of 2002; L.N. 130 of 2007; 6 of 2012 s. 2)

A notice referred to in subsection (1)(p) is not subsidiary legislation. (Added 25 of 2020 s. 4)

The Chief Executive in Council may by regulation— (Amended 3 of 2002 s. 15)

Where regulations are made under subsection (2), the Commissioner may from time to time determine the fee applicable in relation to the use of any parking space in a particular parking place, or parking space, in respect of which a parking apparatus of the relevant class or description is erected but such fee shall not exceed, whether taking into account the period to which it relates or the amount of the fee, the maximum fee prescribed under subsection (2) in relation to the parking apparatus of that class or description. (Added 61 of 1991 s. 3)

Any fee determined by the Commissioner under subsection (3) shall be payable for the use of the relevant parking space and any fee payable for the use of any parking space pursuant to regulations made under this Ordinance and in operation immediately before the coming into operation of the Road Traffic (Amendment) (No. 2) Ordinance 1991 (61 of 1991) shall, unless or until a relevant determination is made under this section, be deemed to have been determined by the Commissioner under this section. (Added 61 of 1991 s. 3)

The Secretary may make regulations in respect of village vehicles to provide for— (Amended 89 of 1994 s. 11; L.N. 106 of 2002; L.N. 130 of 2007; 6 of 2012 s. 2)

The Chief Executive in Council may make regulations to provide for the fees to be charged for any village vehicle permit, duplicate village vehicle permit, vehicle examination or any other matter arising under the regulations made under subsection (1) or to which such regulations otherwise relate. (Added 89 of 1994 s. 11. Amended 3 of 2002 s. 15)

Where under regulations made under subsection (1) a limit is imposed on the number of village vehicle permits that may be issued, the Commissioner may in his discretion—

and shall not be obliged to issue such permits up to the limit so imposed.

Fees prescribed under subsections (1) and (1A) may be fixed— (Amended 89 of 1994 s. 11)

Any regulation made under this Ordinance may provide that in any criminal proceedings for a contravention thereof—

Any regulation made in exercise of the powers conferred by subsection (1) shall be subject to the approval of the Legislative Council.

There shall be a panel from which members of Transport Tribunals may be appointed under this Ordinance. (Amended 89 of 1994 s. 12)

The panel shall consist of such persons, not being public officers, as the Secretary may appoint. (Amended L.N. 362 of 1997; 19 of 2004 s. 3; L.N. 130 of 2007; 6 of 2012 s. 2)

The appointment of any person as a member of the panel shall have effect for not more than 3 years and a member of the panel shall be eligible for reappointment.

A member of the panel may resign at any time by notice in writing to the Secretary. (Amended L.N. 362 of 1997; 19 of 2004 s. 3; L.N. 130 of 2007; 6 of 2012 s. 2)

The Secretary may appoint such Transport Tribunals as may from time to time be necessary for the purposes of this Ordinance.

A Transport Tribunal shall consist of—

A Transport Tribunal shall have a legal adviser who may be present at any hearing of the Tribunal in order to advise the Tribunal on any matter. (Amended 89 of 1994 s. 14)

A Transport Tribunal may, in connection with any hearing before it, consult a legal adviser on any question of law, procedure or any other matter.

The Chairman of a Transport Tribunal may by notice in writing summon any person to appear before the Tribunal to produce any document or to give evidence.

A Transport Tribunal may receive such evidence as it thinks fit, and neither the provisions of the Evidence Ordinance (Cap. 8) nor any other rule of law relating to the admissibility of evidence shall apply in the proceedings before the Tribunal.

Any question arising in proceedings before a Transport Tribunal, not being a question relating to the practice and procedure of the Tribunal, shall, in the event of a difference between the members, be decided by the majority.

Any person, who being summoned to appear before a Transport Tribunal, refuses or fails without reasonable excuse to appear or to answer any question put to him by or with the consent of the Tribunal commits an offence and is liable to a fine at level 1 and to imprisonment for 3 months: (Amended E.R. 2 of 2021) Provided that no person shall be bound to incriminate himself and every witness shall, in respect of any evidence given by him before the Tribunal, be entitled to the privileges to which he would be entitled if giving evidence before a court.

Any person who behaves in an insulting manner or uses any threatening or insulting expression to or in the presence of a Transport Tribunal commits an offence and is liable to a fine at level 1 and to imprisonment for 3 months. (Amended E.R. 2 of 2021)

Save in so far as provision is made therefor in this Ordinance, the practice and procedure in and in connection with any hearing before a Transport Tribunal shall be such as the Chairman of the Tribunal may determine.

In proceedings before a Transport Tribunal, any person may appear in person or be represented by counsel, solicitor or agent.

For the purposes of registration and licensing of vehicles under this Ordinance, vehicles are classified in accordance with Schedule 1.

The Secretary may by order amend Schedule 1. (Amended 89 of 1994 s. 15; L.N. 106 of 2002; L.N. 130 of 2007; 6 of 2012 s. 2)

Except as otherwise provided by this Ordinance, every vehicle of a class specified in Schedule 1 which is used on any road shall be licensed.

A vehicle, other than a rickshaw, shall not be licensed under this Ordinance—

Subject to sections 23, 24 and 26, the Commissioner shall register a vehicle in accordance with this Ordinance on application made in the prescribed manner.

Subject to sections 25 and 26, the Commissioner shall license a registered vehicle or a rickshaw in accordance with this Ordinance on application made in the prescribed manner.

Without prejudice to any other enactment, the Chief Executive in Council by notice in the Gazette may limit the number of vehicles which may at any time be registered by reference to any one or more of the following— (Amended 3 of 2002 s. 15)

Subject to subsection (3), any limit notified under subsection (1) shall remain in force for such period not exceeding 12 months as shall be specified in the notice.

The Legislative Council may from time to time by resolution extend the period for which a limit remains in force under subsection (2).

Any limit notified under subsection (1) shall not affect the registration of any vehicle in force when the notice comes into operation.

If the Commissioner—

the Commissioner may cause the applications to be determined by lot.

The Commissioner may refuse to register any motor vehicle—

The Commissioner may refuse to register a motor vehicle in the class specified in the application for its registration if he considers that by reason of its design or construction or otherwise the vehicle is not suitable for registration in that class.

The Commissioner may refuse to register any vehicle which is already registered.

The Commissioner may—

a motor vehicle if—

The Commissioner may—

Conditions which the Commissioner may specify under subsection (2)(b) shall include conditions as to—

If there is any inconsistency between a condition specified by the Commissioner under subsection (2)(b) and a condition of a taxi fleet licence issued under a regulation made under section 7A, the latter prevails to the extent of the inconsistency. (Added 34 of 2023 s. 6)

The Commissioner, on application to license a motor vehicle as a taxi shall take into account, in addition to any other matter which he considers relevant to the application—

The Commissioner may, on any reasonable ground—

Without prejudice to subsection (1), the Commissioner may—

any trailer or rickshaw which in his opinion—

The Commissioner may license a trailer or rickshaw subject to such conditions relating to—

as he thinks fit.

Subject to the provisions of this section and of sections 28 and 29, the Commissioner may, on application made in the prescribed manner, issue a passenger service licence in respect of one or more public buses, public light buses, private buses or school private light buses for use in accordance with this Ordinance. (Amended 50 of 1999 s. 9)

Subsection (1) does not apply to a public bus operated under a franchise granted under the Public Bus Services Ordinance (Cap. 230).

A passenger service licence may authorize the holder to operate—

For the purposes of subsection (3)(a) a public bus service means a service which—

For the purposes of subsection (3)(b) a private bus service means—

For the purposes of subsection (3)(c) a public light bus service means a service for the carriage by public light bus of passengers at separate fares.

A passenger service licence shall not be transferable.

The Commissioner may—

Without limiting the generality of subsection (1)(a), the Commissioner may refuse to issue a passenger service licence in respect of any vehicle which is not, or is not to be, owned by the applicant for the licence.

If the Commissioner has reason to believe in respect of any vehicle in respect of which a passenger service licence is in force that—

he may appoint a public officer to hold an inquiry.

An officer appointed under subsection (1) shall fix a time and place for the inquiry and shall give 21 clear days’ written notice thereof to the licensee.

An inquiry may be postponed if the officer conducting it thinks fit and where an inquiry is postponed the officer shall cause a notice to be served on the licensee specifying the date to which the inquiry has been postponed.

At an inquiry the officer conducting the inquiry shall consider—

Subject to subsection (2), a cancellation, suspension or variation under section 31 shall come into effect 21 days from the date of notification to the licensee.

If a licensee applies for a review of the Commissioner’s decision by a Transport Tribunal under section 33, a cancellation, suspension or variation shall not take effect pending the review, and shall take effect—

on such date as the Commissioner shall specify in a notice served on the licensee.

Subject to subsection (2), where the Commissioner—

the applicant or the holder of the licence may, within 21 days of being notified of the decision of the Commissioner, apply in writing to the Commissioner for a review of the Commissioner’s decision by a Transport Tribunal.

This section shall not apply where the Commissioner—

On receipt of an application under section 33 the Commissioner shall fix a time and place for the review and shall give 14 clear days’ notice thereof to the applicant.

The Commissioner shall, so far as practicable, ensure that the date of the review is not more than 30 days after the date of service of the notice under subsection (1).

A Transport Tribunal may postpone a review if it thinks fit and where a review is postponed the Commissioner shall cause a notice to be served on the applicant specifying the date to which the review has been postponed.

If an applicant or his authorized representative—

the application for a review shall be deemed to have been withdrawn.

On a review a Transport Tribunal shall consider—

The Transport Tribunal may confirm or reverse a decision of the Commissioner under section 24, 25 or 26 and may confirm, reverse or vary a decision of the Commissioner under section 29 or 31.

The Commissioner shall notify an applicant of the Transport Tribunal’s decision under subsection (2).

The decision of the Transport Tribunal under subsection (2) shall be final.

A person who causes the death of another person by driving a motor vehicle on a road dangerously commits an offence and is liable—

If a court or magistrate convicts a person of an offence under subsection (1), the court or magistrate shall order that the person be disqualified in accordance with subsection (2A) or (2B) unless the court or magistrate for special reasons orders that the person be disqualified for a shorter period or that the person not be disqualified. (Replaced 23 of 2008 s. 5)

Subject to subsection (2B), the person is to be disqualified—

A court or magistrate may, in making an order that a person be disqualified in accordance with subsection (2A), order that the person be disqualified for life, if—

If the court or magistrate has ordered the person to attend and complete a driving improvement course under section 72A(1A), the person is to be disqualified—

For the purposes of subsection (2), a person to whom subsection (2B) applies is disqualified for a shorter period if he is disqualified—

If an offence under subsection (1) is committed in circumstances of aggravation, the maximum fine and term of imprisonment for the offence as set out in subsection (1), and the minimum disqualification periods for the offence as set out in subsections (2A) and (2B), are each increased by 50% and subsection (2C) must be construed accordingly. (Added 19 of 2010 s. 6)

A person commits an offence under subsection (1) in circumstances of aggravation if at the time of committing the offence—

To avoid doubt and despite anything to the contrary in section 113C of the Criminal Procedure Ordinance (Cap. 221), the maximum fine for an offence under subsection (1) committed in circumstances of aggravation is the monetary amount derived by multiplying by 1.5 the maximum fine for the offence as set out in subsection (1). (Added 19 of 2010 s. 6)

The court or magistrate may deal with the conviction of an offence as a first conviction (including for the purposes of subsection (2AB)(a)) if, as at the date on which the offence was committed, at least 5 years have elapsed since the person’s last conviction under subsection (1). (Replaced 23 of 2008 s. 5. Amended 24 of 2011 s. 6)

A person is to be regarded as driving dangerously within the meaning of subsection (1) if—

A person is also to be regarded as driving dangerously within the meaning of subsection (1) if it would be obvious to a competent and careful driver that driving the motor vehicle concerned in its current state would be dangerous.

For the purposes of subsections (4) and (5), dangerous refers to danger either of injury to any person or of serious damage to property.

For the purposes of subsections (4) and (5), in determining what would be expected of, or obvious to, a competent and careful driver in a particular case, regard shall be had to all the circumstances of the case including—

In determining for the purposes of subsection (5) the state of the motor vehicle, regard may be had to anything attached to or carried on or in it and to the manner in which it is attached or carried.

If on the trial of any person charged with an offence under subsection (1) the prosecution proves that the person charged drove dangerously but not that he caused the death of another person by so driving, the person charged shall be acquitted of the offence under subsection (1) and be found guilty of an offence under section 37.

If on the trial of any person charged with an offence under subsection (1) the prosecution proves that the person charged drove dangerously and caused grievous bodily harm to, but not the death of, another person by so driving, the person charged must be acquitted of the offence under subsection (1) and be found guilty of an offence under section 36A. (Added 19 of 2010 s. 6)

On the trial of any person charged with an offence under subsection (1), the person charged may be acquitted of the offence under subsection (1) and be found guilty of one or more offences under section 38, 39, 39A, 39J, 39K or 39L. (Amended 24 of 2011 s. 6)

A person who causes grievous bodily harm to another person by driving a motor vehicle on a road dangerously commits an offence and is liable—

If a court or magistrate convicts a person of an offence under subsection (1), the court or magistrate must order that the person be disqualified in accordance with subsection (3) or (4) unless the court or magistrate for special reasons orders that the person be disqualified for a shorter period or that the person not be disqualified.

Subject to subsection (4), the period for which the person is to be disqualified is—

If the court or magistrate has ordered the person to attend and complete a driving improvement course under section 72A(1A), the period for which the person is to be disqualified is—

For the purposes of subsection (2), a person to whom subsection (4) applies is disqualified for a shorter period if the period for which he or she is disqualified is—

If an offence under subsection (1) is committed in circumstances of aggravation, the maximum fine and term of imprisonment for the offence as set out in subsection (1), and the minimum disqualification periods for the offence as set out in subsections (3) and (4), are each increased by 50% and subsection (5) must be construed accordingly.

A person commits an offence under subsection (1) in circumstances of aggravation if at the time of committing the offence—

To avoid doubt and despite anything to the contrary in section 113C of the Criminal Procedure Ordinance (Cap. 221), the maximum fine for an offence under subsection (1) committed in circumstances of aggravation is the monetary amount derived by multiplying by 1.5 the maximum fine for the offence as set out in subsection (1).

The court or magistrate may deal with the conviction of an offence as a first conviction if, as at the date on which the offence was committed, at least 5 years have passed since the person’s last conviction under subsection (1).

A person is to be regarded as driving dangerously within the meaning of subsection (1) if—

A person is also to be regarded as driving dangerously within the meaning of subsection (1) if it would be obvious to a competent and careful driver that driving the motor vehicle concerned in its current state would be dangerous.

For the purposes of subsections (10) and (11), dangerous refers to danger either of injury to any person or of serious damage to property.

For the purposes of subsections (10) and (11), in determining what would be expected of, or obvious to, a competent and careful driver in a particular case, regard must be had to all the circumstances of the case including—

In determining for the purposes of subsection (11) the state of the motor vehicle, regard may be had to anything attached to or carried on or in it and to the manner in which it is attached or carried.

If on the trial of any person charged with an offence under subsection (1) the prosecution proves that the person charged drove dangerously but not that he or she caused grievous bodily harm to another person by so driving, the person charged must be acquitted of the offence under subsection (1) and be found guilty of an offence under section 37.

On the trial of any person charged with an offence under subsection (1), the person charged may be acquitted of the offence under subsection (1) and be found guilty of one or more offences under section 38, 39, 39A, 39J, 39K or 39L. (Amended 24 of 2011 s. 7)

A person who drives a motor vehicle on a road dangerously commits an offence and is liable—

If a court or magistrate convicts a person of an offence under subsection (1), the court or magistrate shall order that the person be disqualified in accordance with subsection (2A) or (2B) unless the court or magistrate for special reasons orders that the person be disqualified for a shorter period or that the person not be disqualified. (Replaced 23 of 2008 s. 6)

Subject to subsection (2B), the person is to be disqualified—

If the court or magistrate has ordered the person to attend and complete a driving improvement course under section 72A(1A), the person is to be disqualified—

For the purposes of subsection (2), a person to whom subsection (2B) applies is disqualified for a shorter period if he is disqualified—

If an offence under subsection (1) is committed in circumstances of aggravation, the maximum fine and term of imprisonment for the offence as set out in subsection (1), and the minimum disqualification periods for the offence as set out in subsections (2A) and (2B), are each increased by 50% and subsection (2C) must be construed accordingly. (Added 19 of 2010 s. 8)

A person commits an offence under subsection (1) in circumstances of aggravation if at the time of committing the offence—

To avoid doubt and despite anything to the contrary in section 113C of the Criminal Procedure Ordinance (Cap. 221), the maximum fine for an offence under subsection (1) committed in circumstances of aggravation is the monetary amount derived by multiplying by 1.5 the maximum fine for the offence as set out in subsection (1). (Added 19 of 2010 s. 8)

The court or magistrate may deal with the conviction of an offence as a first conviction if, as at the date on which the offence was committed, at least 5 years have elapsed since the person’s last conviction under subsection (1). (Replaced 23 of 2008 s. 6)

A person is to be regarded as driving dangerously within the meaning of subsection (1) if—

A person is also to be regarded as driving dangerously within the meaning of subsection (1) if it would be obvious to a competent and careful driver that driving the motor vehicle concerned in its current state would be dangerous.

For the purposes of subsections (4) and (5), dangerous refers to danger either of injury to any person or of serious damage to property.

For the purposes of subsections (4) and (5), in determining what would be expected of, or obvious to, a competent and careful driver in a particular case, regard shall be had to all the circumstances of the case including—

In determining for the purposes of subsection (5) the state of the motor vehicle, regard may be had to anything attached to or carried on or in it and to the manner in which it is attached or carried.

On the trial of any person charged with an offence under subsection (1), the person charged may be acquitted of the offence under subsection (1) and be found guilty of one or more offences under section 38, 39, 39A, 39J, 39K or 39L. (Amended 24 of 2011 s. 8)

A person who drives a motor vehicle on a road carelessly commits an offence and is liable to a fine at level 2 and to imprisonment for 6 months. (Amended 33 of 2000 s. 3)

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.

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 to such an extent as to be incapable of having proper control of the motor vehicle commits an offence and is liable— (Amended 24 of 2011 s. 9)

If a court or magistrate convicts a person of an offence under subsection (1), the court or magistrate shall order that the person be disqualified in accordance with subsection (2A) or (2B) unless the court or magistrate for special reasons orders that the person be disqualified for a shorter period or that the person not be disqualified. (Replaced 23 of 2008 s. 7)

Subject to subsection (2B), the person is to be disqualified—

If the court or magistrate has ordered the person to attend and complete a driving improvement course under section 72A(1A), the person is to be disqualified—

For the purposes of subsection (2), a person to whom subsection (2B) applies is disqualified for a shorter period if he is disqualified—

The court or magistrate may deal with the offence as a first offence, or the conviction of an offence as a first conviction if, as at the date on which the offence was committed, at least 5 years have elapsed since the person’s last conviction under subsection (1) or section 39A, 39B or 39C. (Replaced 23 of 2008 s. 7)

A person is deemed not to have been in charge of a motor vehicle if he proves that at the material time the circumstances were such that there was no likelihood of his driving the motor vehicle so long as he remained under the influence of drink to such an extent as to be incapable of having proper control of the motor vehicle. (Added 39 of 1995 s. 6. Amended 24 of 2011 s. 9)

The court or magistrate may, in determining whether there was such a likelihood as is mentioned in subsection (4), disregard any injury to him and any damage to the vehicle. (Added 39 of 1995 s. 6)

On the trial of a person charged with an offence under subsection (1), the person charged may be acquitted of the offence under subsection (1) and be found guilty of one or more offences under section 37 or 38. (Added 24 of 2011 s. 9)

A person who drives or attempts to drive a motor vehicle, or is in charge of a motor vehicle, on any road with the proportion of alcohol in his breath, blood or urine exceeding the prescribed limit, commits an offence and is liable—

The proportion of alcohol in a person’s breath, blood or urine is—

If a court or magistrate convicts a person of an offence under subsection (1), the court or magistrate shall order that the person be disqualified in accordance with subsection (2A) or (2B) unless the court or magistrate for special reasons orders that the person be disqualified for a shorter period or that the person not be disqualified. (Replaced 23 of 2008 s. 8)

Subject to subsection (2B), the period for which the person is to be disqualified is—

If the court or magistrate has ordered the person to attend and complete a driving improvement course under section 72A(1A), the person is to be disqualified—

For the purposes of subsection (2), a person to whom subsection (2B) applies is disqualified for a shorter period if he is disqualified—

The court or magistrate may deal with the offence as a first offence, or the conviction of an offence as a first conviction if, as at the date on which the offence was committed, at least 5 years have elapsed since the person’s last conviction under subsection (1) or section 39, 39B or 39C. (Replaced 23 of 2008 s. 8)

A person is deemed not to have been in charge of a motor vehicle if he proves that at the material time the circumstances were such that there was no likelihood of his driving the motor vehicle while the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit.

The court or magistrate may, in determining whether there was such a likelihood as is mentioned in subsection (4), disregard any injury to him and any damage to the vehicle.

On the trial of a person charged with an offence under subsection (1), the person charged may be acquitted of the offence under subsection (1) and be found guilty of one or more offences under section 37 or 38. (Added 24 of 2011 s. 10)

A police officer in uniform may require any of the following persons to provide a specimen of breath for a screening breath test—

Subsection (1)(a) does not apply to a person if, immediately before the police officer requires him to provide the specimen of breath—

If an accident occurs owing to the presence of a motor vehicle on any road, a police officer in uniform may require a person, whom the police officer has reasonable cause to suspect was driving or attempting to drive or in charge of the vehicle at the time of the accident, to provide a specimen of breath for a screening breath test.

A police officer in uniform may require a person to provide a specimen at or near the place where the requirement is made under subsection (1).

A police officer in uniform may require a person to provide a specimen under subsection (2) either at or near the place where the requirement is made or at a breath test centre, a police station or a hospital specified by the police officer. (Amended 50 of 1999 s. 3)

A police officer shall warn a person at the time of requiring a specimen for a screening breath test under this section that a failure to provide it may render him liable to prosecution.

A person who, without reasonable excuse, fails to provide a specimen of breath when required under this section commits an offence and is liable—

If a court or magistrate convicts a person of an offence under subsection (6), the court or magistrate shall order that the person be disqualified in accordance with subsection (7A) or (7B) unless the court or magistrate for special reasons orders that the person be disqualified for a shorter period or that the person not be disqualified. (Replaced 23 of 2008 s. 9)

Subject to subsection (7B), the person is to be disqualified—

If the court or magistrate has ordered the person to attend and complete a driving improvement course under section 72A(1A), the person is to be disqualified—

For the purposes of subsection (7), a person to whom subsection (7B) applies is disqualified for a shorter period if he is disqualified—

The court or magistrate may deal with the offence as a first offence, or the conviction of an offence as a first conviction if, as at the date on which the offence was committed, at least 5 years have elapsed since the person’s last conviction under subsection (6) or section 39, 39A or 39C. (Replaced 23 of 2008 s. 9)

A police officer in uniform may arrest a person without warrant if—

A person fails to provide a specimen for a screening breath test unless the specimen—

A police officer may require a person whose screening breath test indicates that the proportion of alcohol in that person’s breath is likely to exceed the prescribed limit or who fails to provide a specimen for the screening breath test with reasonable excuse—

The police officer shall decide that the person is to provide a specimen of blood or urine if—

Evidence of the proportion of alcohol in a specimen of breath, blood or urine may be given by the production of a document which purports to be either—

Evidence that a specimen of blood was taken from the accused with his consent by a medical practitioner, a registered nurse or an enrolled nurse may be given by the production of a document certifying that fact and purporting to be signed by the medical practitioner, the registered nurse or the enrolled nurse, as the case may be. (Amended 50 of 1999 s. 4)

Evidence that a specimen of urine was taken from the accused by a police officer or a medical practitioner may be given by the production of a document certifying that fact and purporting to be signed by a police officer or a medical practitioner, as the case may be.

A requirement under this section to provide a specimen of breath can only be made at a breath test centre, a police station or a hospital. (Amended 50 of 1999 s. 4)

A requirement under this section to provide a specimen of blood can only be made at a breath test centre, a police station or a hospital. (Amended 50 of 1999 s. 4)

A requirement under this section to provide a specimen of urine can only be made at a breath test centre, a police station or a hospital and the police officer making the requirement shall decide whether the specimen of urine is to be provided at a breath test centre, a police station or a hospital. (Amended 50 of 1999 s. 4)

The police officer requiring the provision of a specimen other than a specimen of breath under this section shall decide whether a specimen is to be of blood or of urine, but if a medical practitioner is of the opinion that for medical reasons a specimen of blood cannot or should not be taken the specimen shall be a specimen of urine.

If the police officer requires a person to provide a specimen of blood, the specimen of blood shall be taken by a medical practitioner, registered nurse or enrolled nurse specified by the police officer. (Amended 50 of 1999 s. 4)

Subject to subsection (11A), a specimen of blood must not be taken from a person unless the person consents to its being taken and it is so taken. (Replaced 24 of 2011 s. 12)

A police officer may request a medical practitioner to take a specimen of blood from a person, if—

It is lawful for a medical practitioner to whom a request is made under subsection (11A), if the medical practitioner thinks fit—

A specimen of blood may be taken pursuant to a request under subsection (11A) only at a breath test centre, a police station or a hospital. (Added 24 of 2011 s. 12)

If a specimen of blood is taken pursuant to a request under subsection (11A), it must not be subjected to a laboratory test unless the person from whom it was taken—

A police officer who makes a requirement referred to in subsection (11D)(b) must warn the person at the time of making the requirement that a failure to give consent may render the person liable to prosecution. (Added 24 of 2011 s. 12)

Evidence that a specimen of blood was taken from a person referred to in subsection (11A) by a medical practitioner may be given by the production of a document certifying that fact and purporting to be signed by the medical practitioner. (Added 24 of 2011 s. 12)

Evidence that a specimen of blood taken from a person under subsection (11B) was subjected to a laboratory test only after the person from whom it was taken was informed that it was taken and the person consented to the laboratory test may be given by the production of a document certifying that fact and purporting to be signed by the police officer who made the requirement referred to in subsection (11D)(b). (Added 24 of 2011 s. 12)

Evidence of the proportion of alcohol in a specimen of breath, blood or urine provided by the accused shall be evidence that the proportion of alcohol in the accused’s breath, blood or urine at the time of the alleged offence was not less than that in the specimen.

Where, at the time a specimen of blood or urine was provided by the accused, he asked to be provided with such a specimen, evidence of the proportion of alcohol found in the specimen is not admissible on behalf of the prosecution unless—

If an accused from whom a specimen of blood was taken under subsection (11B), at the time he or she consented to its analysis, asked to be provided with a part of that specimen, evidence of the proportion of alcohol found in the specimen is not admissible on behalf of the prosecution unless—

The person shall provide the specimen of urine within one hour of being required to provide it and after the provision of a previous specimen of urine.

A person who, without reasonable excuse, fails to provide a specimen when required to do so under this section or fails to give consent under subsection (11D)(b) commits an offence and is liable— (Amended 24 of 2011 s. 12)

If a court or magistrate convicts a person of an offence under subsection (15), the court or magistrate shall order that the person be disqualified in accordance with subsection (16A) or (16B) unless the court or magistrate for special reasons orders that the person be disqualified for a shorter period or that the person not be disqualified. (Replaced 23 of 2008 s. 10)

Subject to subsection (16B), the person is to be disqualified—

If the court or magistrate has ordered the person to attend and complete a driving improvement course under section 72A(1A), the person is to be disqualified—

For the purposes of subsection (16), a person to whom subsection (16B) applies is disqualified for a shorter period if he is disqualified—

The court or magistrate may deal with the offence as a first offence, or the conviction of an offence as a first conviction if, as at the date on which the offence was committed, at least 5 years have elapsed since the person’s last conviction under subsection (15) or section 39, 39A or 39B. (Replaced 23 of 2008 s. 10)

A police officer shall warn a person at the time of requiring a specimen under this section that a failure to provide it may render him liable to prosecution.

A person fails to provide a specimen of breath, blood or urine for analysis or laboratory test unless the specimen—

The Commissioner of Police may by notice in the Gazette designate a place or vehicle to be a breath test centre. (Added 50 of 1999 s. 4)

For the avoidance of doubt, a notice under subsection (20) is not subsidiary legislation. (Added 50 of 1999 s. 4)

(Added 39 of 1995 s. 7)

The court or magistrate shall use the statement referred to in section 39C(3)(a) relating to the specimen with the lower proportion of alcohol out of the 2 specimens of breath a person provides under section 39C and shall disregard the other.

(Repealed 19 of 2010 s. 13)

A person at a hospital as a patient shall not be required to provide a specimen of breath for a screening breath test or breath analysis, a specimen of oral fluid for a Rapid Oral Fluid Test, or a specimen of blood or urine for a laboratory test unless the medical practitioner in immediate charge of his case has been notified of the proposal to make the requirement. (Amended 24 of 2011 s. 13)

A requirement made after the medical practitioner has been notified under subsection (1) is a requirement for the provision of a specimen at a hospital.

The requirement shall not be made if the medical practitioner objects on the ground specified in subsection (4) and states in writing the diagnosis justifying the objection.

The ground on which the medical practitioner may object under subsection (3) is that the requirement or the provision of a specimen of breath for the screening breath test or breath analysis, a specimen of oral fluid for a Rapid Oral Fluid Test, a specimen of oral fluid for a Rapid Oral Fluid Test or a specimen of blood or urine for the laboratory test would be prejudicial to the proper care and treatment of the patient. (Amended 24 of 2011 s. 13)

To avoid doubt, this section does not apply to the taking of a specimen of blood from a person falling within section 39C(11A) or 39Q(1). (Added 24 of 2011 s. 13)

The Commissioner of Police may by notice in the Gazette approve types of instruments as—

The Commissioner of Police may authorize in writing members of the police force as approved operators to carry out breath analysis using an approved breath analysing instrument.

Notice of a variation in the prescribed limit will not come into operation until after the time provided for the Legislative Council to debate the notice under section 34 of the Interpretation and General Clauses Ordinance (Cap. 1) has expired.

The Secretary may by notice in the Gazette amend section 39A(1A) by varying the proportion of alcohol that constitutes tier 1, tier 2 or tier 3. (Amended 6 of 2012 s. 2)

A notice under subsection (1) is not to come into operation until after the time provided for the Legislative Council to debate the notice under section 34 of the Interpretation and General Clauses Ordinance (Cap. 1) has expired.

The Secretary may by notice in the Gazette amend Schedule 1A. (Amended 6 of 2012 s. 2)

A notice under subsection (1) is not to come into operation until after the time provided for the Legislative Council to debate the notice under section 34 of the Interpretation and General Clauses Ordinance (Cap. 1) has expired.

A person who drives or attempts to drive, or is in charge of, a motor vehicle on any road while he or she is under the influence of a specified illicit drug to such an extent as to be incapable of having proper control of the motor vehicle commits an offence and is liable—

If a court or magistrate convicts a person of an offence under subsection (1), the court or magistrate must order that the person be disqualified in accordance with subsection (3) or (5) unless the court or magistrate for special reasons orders that the person be disqualified for a shorter period or that the person not be disqualified.

Subject to subsection (5), the period for which the person is to be disqualified—

A court or magistrate may, on convicting a person under subsection (1), in making an order that he or she be disqualified in accordance with subsection (3), order that the person be disqualified for life, if—

If the court or magistrate has ordered a person to attend and complete a driving improvement course under section 72A(1A), the person is to be disqualified—

For the purposes of subsection (2), a person to whom subsection (5) applies is disqualified for a shorter period if the period for which he or she is disqualified—

The court or magistrate may deal with the offence as a first offence, or the conviction of an offence as a first conviction (including for the purposes of subsection (4)(a)), if, as at the date on which the offence was committed, at least 5 years have passed since the person’s last conviction under subsection (1) or section 39K, 39L, 39O(1) or 39S.

A person is taken not to have been in charge of a motor vehicle if he or she proves that at the material time the circumstances were such that there was no likelihood of the person’s driving the motor vehicle so long as he or she remained under the influence of a specified illicit drug to such an extent as to be incapable of having proper control of the motor vehicle.

The court or magistrate may, in determining whether there was such a likelihood as is mentioned in subsection (8), disregard any injury to the person and any damage to the motor vehicle.

For the purposes of subsection (1), a person is under the influence of a specified illicit drug to such an extent as to be incapable of having proper control of the motor vehicle if—

It is a defence for a person charged under subsection (1) to prove that—

If on the trial of a person charged with an offence under subsection (1), the prosecution proves that the person drove or attempted to drive, or was in charge of, the motor vehicle on a road, and—

On the trial of a person charged with an offence under subsection (1), the person charged may be acquitted of the offence under subsection (1) and be found guilty of one or more offences under section 37 or 38 and, to avoid doubt, subsection (11) does not apply to those offences.

For the purposes of subsection (11), a specified illicit drug is lawfully obtained if it is a specified illicit drug that is prescribed for or administered or supplied to an accused person by a healthcare professional.

In this section—

A person who drives or attempts to drive, or is in charge of, a motor vehicle on any road while any concentration of a specified illicit drug is present in the person’s blood or urine (whether or not any other drug is also so present) commits an offence and is liable—

If a court or magistrate convicts a person of an offence under subsection (1), the court or magistrate must order that the person be disqualified in accordance with subsection (3) or (4) unless the court or magistrate for special reasons orders that the person be disqualified for a shorter period or that the person not be disqualified.

Subject to subsection (4), the period for which the person is to be disqualified—

If the court or magistrate has ordered the person to attend and complete a driving improvement course under section 72A(1A), the person is to be disqualified—

For the purposes of subsection (2), a person to whom subsection (4) applies is disqualified for a shorter period if the period for which he or she is disqualified—

The court or magistrate may deal with the offence as a first offence, or the conviction of an offence as a first conviction, if, as at the date on which the offence was committed, at least 5 years have passed since the person’s last conviction under subsection (1) or section 39J, 39L, 39O(1) or 39S.

It is a defence for a person charged under subsection (1) to prove that—

was a specified illicit drug that was prescribed for or administered or supplied to the person by a healthcare professional.

A person is taken not to have been in charge of a motor vehicle if he or she proves that at the material time the circumstances were such that there was no likelihood of the person’s driving the motor vehicle so long as any concentration of a specified illicit drug was present in his or her blood or urine.

The court or magistrate may, in determining whether there was such a likelihood as is mentioned in subsection (8), disregard any injury to the person and any damage to the motor vehicle.

On the trial of a person charged with an offence under subsection (1), the person charged may be acquitted of the offence under subsection (1) and be found guilty of one or more offences under section 37 or 38 and, to avoid doubt, subsection (7) does not apply to those offences.

In this section—

In this section a reference to a conviction for an offence under subsection (1) includes a conviction pursuant to section 39J(12)(a).

A person who drives or attempts to drive, or is in charge of, a motor vehicle on any road while he or she is under the influence of a drug other than a specified illicit drug (non-specified drug) to such an extent as to be incapable of having proper control of the motor vehicle commits an offence and is liable—

If a court or magistrate convicts a person of an offence under subsection (1), the court or magistrate must order that the person be disqualified in accordance with subsection (3) or (4) unless the court or magistrate for special reasons orders that the person be disqualified for a shorter period or that the person not be disqualified.

Subject to subsection (4), the period for which the person is to be disqualified—

If the court or magistrate has ordered a person to attend and complete a driving improvement course under section 72A(1A), the person is to be disqualified—

For the purposes of subsection (2), a person to whom subsection (4) applies is disqualified for a shorter period if the period for which he or she is disqualified—

The court or magistrate may deal with the offence as a first offence, or the conviction of an offence as a first conviction, if, as at the date on which the offence was committed, at least 5 years have passed since the person’s last conviction under subsection (1) or section 39J, 39K, 39O(1) or 39S.

A person is taken not to have been in charge of a motor vehicle if he or she proves that at the material time the circumstances were such that there was no likelihood of the person’s driving the motor vehicle so long as he or she remained under the influence of a non-specified drug to such an extent as to be incapable of having proper control of the motor vehicle.

The court or magistrate may, in determining whether there was such a likelihood as is mentioned in subsection (7), disregard any injury to the person and any damage to the motor vehicle.

For the purposes of subsection (1), a person is under the influence of a non-specified drug to such an extent as to be incapable of having proper control of the motor vehicle if—

It is a defence for a person charged under subsection (1) to prove that—

On the trial of a person charged with an offence under subsection (1), the person charged may be acquitted of the offence under subsection (1) and be found guilty of one or more offences under section 37 or 38 and, to avoid doubt, subsection (10) does not apply to those offences.

For the purposes of subsection (10), a non-specified drug is lawfully obtained if it is—

In this section—

In this section a reference to a conviction for an offence under subsection (1) includes a conviction pursuant to section 39J(12)(b).

A police officer may require a person referred to in subsection (2) to undergo one or more of the following—

A person who may be required to undergo a preliminary drug test under subsection (1) is any person whom the police officer has reasonable cause to suspect—

If an accident occurs owing to the presence of a motor vehicle on a road, a police officer may require a person, whom the police officer has reasonable cause to suspect was driving or attempting to drive, or was in charge of, the motor vehicle at the time of the accident, to undergo one or more preliminary drug tests.

A person is not obliged to undergo an Impairment Test under subsection (1) or (3) if—

An authorized police officer may require a person referred to in subsection (2) or (3) to provide one or more specimens of oral fluid to carry out a Rapid Oral Fluid Test.

A police officer or an authorized police officer who makes a requirement under subsection (1), (3) or (5) must warn the person at the time of making the requirement that—

A Drug Influence Recognition Observation or a Rapid Oral Fluid Test may be carried out at or near the place where the requirement is made.

An Impairment Test must be carried out at a police station specified by the police officer who makes the requirement.

Evidence whether an accused person’s ability to drive properly was impaired by the consumption or use of a drug may be given by the production of a document purporting to—

A police officer may require a person who is driving or attempting to drive, or is in charge of, a motor vehicle on a road, to undergo a Rapid Oral Fluid Test to detect whether any specified illicit drug is present in his or her oral fluid.

An authorized police officer may require a person referred to in subsection (1) to provide one or more specimens of oral fluid to carry out a Rapid Oral Fluid Test.

An authorized police officer who makes a requirement under subsection (2) must warn the person at the time of making the requirement that a failure to provide the specimen or specimens he or she is required to provide may render him or her liable to prosecution.

A Rapid Oral Fluid Test may be carried out at or near the place where the requirement is made.

A person who, without reasonable excuse, fails to undergo an Impairment Test or to provide a specimen or specimens (if more than one is required) of oral fluid to carry out a Rapid Oral Fluid Test when required to do so under section 39M or 39N commits an offence and is liable—

Without limiting subsection (1), a person fails to provide any specimen of oral fluid unless the specimen—

A person who, without reasonable excuse, fails to undergo a Drug Influence Recognition Observation when required to do so under section 39M commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 3 months.

If a court or magistrate convicts a person of an offence under subsection (1), the court or magistrate must order that the person be disqualified in accordance with subsection (5) or (6) unless the court or magistrate for special reasons orders that the person be disqualified for a shorter period or that the person not be disqualified.

Subject to subsection (6), the period for which the person is to be disqualified—

If the court or magistrate has ordered the person to attend and complete a driving improvement course under section 72A(1A), the person is to be disqualified—

For the purposes of subsection (4), a person to whom subsection (6) applies is disqualified for a shorter period if the period for which he or she is disqualified—

The court or magistrate may deal with the offence as a first offence, or the conviction of an offence as a first conviction, if, as at the date on which the offence was committed, at least 5 years have passed since the person’s last conviction under subsection (1) or section 39J, 39K, 39L or 39S.

A police officer may arrest a person without a warrant if—

In this section—

A police officer may require a person to provide a specimen of blood or urine, or specimens both of blood and urine, for a laboratory test, if the results of the Rapid Oral Fluid Test carried out on the person indicate that any concentration of a specified illicit drug is present in his or her oral fluid.

An authorized police officer who has carried out an Impairment Test on a person may require the person to provide a specimen of blood or urine, or specimens both of blood and urine, for a laboratory test, if the police officer is of the opinion that the results of the Impairment Test indicate that his or her ability to drive properly is for the time being impaired.

A police officer may require a person on whom a preliminary drug test could not be carried out due to a medical reason or any other reasonable cause, to provide a specimen of blood or urine, or specimens both of blood and urine, for a laboratory test, if the police officer has reasonable cause to suspect that—

A requirement to provide any specimen under subsection (1), (2) or (3) can only be made at a breath test centre, a police station or a hospital.

A police officer or an authorized police officer who makes a requirement under subsection (1), (2) or (3) must decide whether the specimen is to be of blood or urine or whether both blood and urine specimens are to be taken, but if a medical practitioner is of the opinion that for medical reasons a specimen of blood cannot or should not be taken, only a specimen of urine may be taken.

A specimen of blood under subsection (1), (2) or (3) may only be taken by a medical practitioner, a registered nurse or an enrolled nurse, specified by a police officer in each case.

A person must provide the specimen of urine within 1 hour of being required to provide it.

A police officer or an authorized police officer who makes a requirement under this section must warn the person at the time of requiring the specimen that a failure to provide it may render him or her liable to prosecution.

Subject to section 39Q, a specimen of blood must not be taken from a person unless he or she consents to its being taken and it is so taken.

Evidence that a specimen of blood was taken from the accused person with his or her consent by a medical practitioner, a registered nurse or an enrolled nurse may be given by the production of a document certifying that fact and purporting to be signed by the medical practitioner, the registered nurse or the enrolled nurse.

Evidence that a specimen of urine was taken from the accused person by a police officer or a medical practitioner may be given by the production of a document certifying that fact and purporting to be signed by the police officer or the medical practitioner.

In this section—

A police officer may request a medical practitioner to take a specimen of blood from a person, if—

It is lawful for a medical practitioner to whom a request is made under subsection (1), if the medical practitioner thinks fit—

A specimen of blood may be taken pursuant to a request under subsection (1) only at a breath test centre, a police station or a hospital.

If a specimen of blood is taken pursuant to a request under this section, it must not be subjected to a laboratory test unless the person from whom it was taken—

A police officer who makes a requirement referred to in subsection (4)(b) must warn the person at the time of making the requirement that a failure to give consent may render him or her liable to prosecution.

Evidence that a specimen of blood was taken from a person referred to in subsection (1) by a medical practitioner may be given by the production of a document certifying that fact and purporting to be signed by the medical practitioner.

Evidence that a specimen of blood taken from a person under this section was subjected to a laboratory test only after the person from whom it was taken was informed that it was taken and he or she consented to the laboratory test may be given by the production of a document certifying that fact and purporting to be signed by the police officer who made the requirement referred to in subsection (4)(b).

A specimen of blood or urine taken under section 39P or 39Q may also be used for a laboratory test for alcohol (in addition to a test for any drug) in connection with an alleged offence under section 39J, 39K or 39L.

Evidence of the concentration of a drug, or the concentration of a drug and the proportion of alcohol, in a specimen of blood or urine taken under section 39P or 39Q may be given by the production of a document purporting to be a certificate under section 25 of the Evidence Ordinance (Cap. 8) as to the concentration of the drug, or the concentration of the drug and the proportion of alcohol, in the specimen of blood or urine identified in the certificate.

Evidence of the presence of a drug, or the presence of a drug and the proportion of alcohol, in a specimen of blood or urine taken under section 39P or 39Q may be given by the production of a document purporting to be a certificate under section 25 of the Evidence Ordinance (Cap. 8) as to the presence of the drug, or the presence of the drug and the proportion of alcohol, in the specimen of blood or urine identified in the certificate.

Evidence of the concentration of a drug, or the concentration of a drug and the proportion of alcohol, in a specimen of blood or urine provided by the accused person is evidence that the concentration of the drug, or the concentration of the drug and the proportion of alcohol, in the blood or urine of the accused person at the time of the alleged offence was not less than that in the specimen.

Evidence of the presence of a drug, or the presence of a drug and the proportion of alcohol, in a specimen of blood or urine provided by the accused person is evidence of the presence of the drug, or the presence of the drug and the proportion of alcohol, in the blood or urine of the accused person at the time of the alleged offence.

If at the time a specimen of blood or urine was provided by an accused person under section 39P, he or she asked to be provided with a part of the specimen of blood or urine or a part of each specimen (if both blood and urine specimens are provided by the accused person), evidence of the concentration of or the presence of a drug, or the concentration of or the presence of a drug and the proportion of alcohol, found in the specimen is not admissible on behalf of the prosecution unless—

If an accused person from whom a specimen of blood was taken under section 39Q, at the time he or she consented to its analysis, asked to be provided with a part of that specimen, evidence of the concentration of or the presence of a drug, or the concentration of or the presence of a drug and the proportion of alcohol, found in the specimen is not admissible on behalf of the prosecution unless—

A person who, without reasonable excuse, fails to provide a specimen of blood or urine when required to do so under section 39P or fails to give consent under section 39Q(4)(b) commits an offence and is liable—

Without limiting subsection (1), a person fails to provide a specimen of blood or urine for analysis or laboratory test unless the specimen—

If a court or magistrate convicts a person of an offence under subsection (1), the court or magistrate must order that the person be disqualified in accordance with subsection (4) or (5) unless the court or magistrate for special reasons orders that the person be disqualified for a shorter period or that the person not be disqualified.

Subject to subsection (5), the period for which the person is to be disqualified—

If the court or magistrate has ordered the person to attend and complete a driving improvement course under section 72A(1A), the person is to be disqualified—

For the purposes of subsection (3), a person to whom subsection (5) applies is disqualified for a shorter period if the period for which he or she is disqualified—

The court or magistrate may deal with the offence as a first offence, or the conviction of an offence as a first conviction, if, as at the date on which the offence was committed, at least 5 years have passed since the person’s last conviction under subsection (1) or section 39J, 39K, 39L or 39O(1).

In this section—

The Commissioner of Police may, by notice published in the Gazette, specify the tests to be carried out for the purpose of assisting a police officer to form an opinion as to whether or not a person’s ability to drive properly is impaired by the consumption or use of drugs.

The Commissioner of Police may, by notice published in the Gazette, approve types of instruments as approved instruments for carrying out a Rapid Oral Fluid Test.

The Commissioner of Police may authorize in writing members of the police force as authorized police officers to carry out preliminary drug tests.

Only an instrument approved under subsection (2) may be used for carrying out a Rapid Oral Fluid Test, and more than one such instrument may be used when carrying out a Rapid Oral Fluid Test on a person.

Only an authorized police officer may carry out a preliminary drug test.

A police officer may require a person to surrender his or her licence for driving to the Commissioner of Police for 24 hours if—

In each case referred to in subsection (1), the period of 24 hours begins at the time the requirement is made.

A person who is required under subsection (1) to surrender his or her licence for driving is to be regarded as having complied with the requirement if the person produces his or her electronic driving licence to the police officer. (Added 26 of 2025 s. 4)

A person who, without reasonable excuse, fails to surrender his or her licence for driving when required to do so by a police officer commits an offence and is liable on—

A person who has been required to surrender, or has surrendered, a licence for driving under subsection (1), must not drive or attempt to drive, or be in charge of, a motor vehicle of any class on any road during the 24-hour period for which the licence for driving was required to be surrendered, whether or not he or she holds any other licence for driving referred to in subsection (7).

A person who contravenes subsection (4) commits an offence and is liable to a fine at level 3 and to imprisonment for 12 months.

If a court or magistrate convicts a person of an offence under subsection (5), the court or magistrate must order that the person be disqualified—

unless the court or magistrate for special reasons orders that the person be disqualified for a shorter period or that the person not be disqualified.

In this section—

Subject to subsections (2), (5) and (5A), the maximum speed at which a vehicle may be driven on any road shall be 50 km an hour. (Amended 6 of 2012 s. 5)

The Commissioner may by notice in the Gazette—

Where the speed limit on any road is varied under subsection (2)(a) the Commissioner shall cause traffic signs to be so erected, replaced, removed or altered as to ensure that adequate guidance is given to drivers of motor vehicles as to what speed limit is currently to be observed on that road.

Where a notice is published under subsection (2)(b) declaring any road to be subject at different times to different speed limits—

Where a variation in the speed limit is in effect under this section and permits a vehicle to travel on any road in excess of 70 km an hour, the maximum speed at which a—

shall travel on such road shall be 70 km an hour. (Amended 49 of 2000 s. 2)

If a variation in the speed limit is in effect under this section and permits a vehicle to travel on any road at a speed in excess of 80 km an hour, the maximum speed at which a public light bus may travel on that road is 80 km an hour. (Added 6 of 2012 s. 5)

Where the Commissioner prescribes a different speed limit for vehicles of the North-west Railway in respect of a portion of road under subsection (2)(c), the Commissioner may cause traffic signs to be so erected, replaced, removed or altered as to give adequate guidance or notice to drivers of vehicles of the North-west Railway of the application of that speed limit to that portion of road. (Added 46 of 1987 s. 5)

(Repealed 23 of 2008 s. 12)

A person who drives a vehicle on a road at a speed exceeding— (Amended 80 of 1988 s. 9)

commits an offence and is liable to a fine at level 2. (Amended 6 of 2012 s. 6; E.R. 2 of 2021)

(Repealed 43 of 1986 s. 2)

If—

the court or magistrate shall order that the person be disqualified in accordance with subsection (4) unless the court or magistrate for special reasons orders that he be disqualified for a shorter period or that he not be disqualified. (Added 50 of 2000 s. 3. Amended 23 of 2008 s. 13)

The person is to be disqualified—

For the purposes of subsection (3), a person to whom subsection (4)(b) applies is disqualified for a shorter period if he is disqualified for a period of less than 6 months, or until the person has attended and completed the driving improvement course at his own cost, whichever is the later. (Added 23 of 2008 s. 13)

Except as otherwise provided by this Ordinance, no person shall drive a motor vehicle on a road unless he is the holder of a driving licence in respect of a vehicle of the class of vehicle which he is driving.

Except as otherwise provided by this Ordinance, a person must not drive a motor vehicle on a road unless at the time of driving, the person— (Amended 26 of 2025 s. 5)

Except as otherwise provided by this Ordinance, no person shall suffer or permit a motor vehicle to be driven by a person who is not the holder of a driving licence of the class to which such vehicle belongs: Provided that in any proceedings under this subsection it shall not be necessary to allege or to prove that the person charged knew that the driver was not the holder of a driving licence and it shall be no defence to prove that the person charged did not know that the driver was not the holder of a driving licence. (Amended 66 of 1987 s. 2)

Any person who contravenes subsection (1) or (3) commits an offence and is liable, in the case of a first conviction to a fine at level 2 and to imprisonment for 3 months, and in the case of a second or subsequent conviction or of a conviction subsequent to a conviction under section 5(4) or (5) of the repealed Ordinance to a fine at level 3 and to imprisonment for 6 months. (Amended E.R. 2 of 2021)

Any person who without lawful authority or reasonable excuse contravenes subsection (2) commits an offence and is liable, in the case of a first conviction to a fine at level 1, and in the case of a second or subsequent conviction or of a conviction subsequent to a conviction under section 5(4A) of the repealed Ordinance to a fine at level 1. (Amended E.R. 6 of 2022)

A police officer or the Commissioner may require the production for examination of the driving licence of any person—

If any condition of a driving licence requires the holder of that licence while driving or learning to drive a motor vehicle to be under the supervision of or to be accompanied by the holder of a driving licence, a police officer or the Commissioner may in the case of a motor vehicle being driven by the holder of such a driving licence as is first mentioned also require any accompanying person to produce his driving licence for examination.

Any person who, upon being required to produce his or her driving licence under subsection (1)(a), fails to produce any of the following documents— (Amended 26 of 2025 s. 6)

commits an offence and is liable to a fine at level 1 and to imprisonment for 3 months. (Amended E.R. 2 of 2021)

Any person who, upon being required to produce his or her driving licence under subsection (1), fails to produce any of the documents specified in subsection (4A) and who further fails to produce any of those documents, in person, within 72 hours of such requirement being made, to a police officer at such police station or other official address as is specified at the time commits an offence and is liable to a fine at level 1 and to imprisonment for 3 months. (Amended 66 of 1984 s. 5; E.R. 2 of 2021)

The documents specified for subsection (4) are—

A person who is required under subsection (2) to produce his or her driving licence is to be regarded as having complied with the requirement if the person produces his or her electronic driving licence to the police officer or the Commissioner (as may be applicable). (Added 26 of 2025 s. 6)

This section (except subsections (3)(ab), (4A)(b) and (4B)) applies to a domestic driving permit, domestic driving licence and international driving permit as it applies to a driving licence.

A person disqualified from holding or obtaining a driving licence who—

commits an offence and is liable to a fine at level 3 and to imprisonment for 12 months. (Amended E.R. 2 of 2021)

If a court or magistrate convicts a person of an offence under subsection (1), the court or magistrate shall order that the person be disqualified—

unless the court or magistrate for special reasons orders that the person be disqualified for a shorter period or that the person not be disqualified. (Replaced 23 of 2008 s. 14)

The period of any disqualification under subsection (2) shall be in addition to any other period of disqualification ordered under any other provision of this Ordinance.

The provisions of subsection (1) shall apply notwithstanding that the person disqualified holds a valid international driving permit, driving licence issued in a place outside Hong Kong for use in that place, government driving permit or military driving permit. (Amended 23 of 1998 s. 2)

[cf. 1972 c. 20 s. 99 U.K.]

A person who uses or rides a bicycle, tricycle or multi-cycle on a road recklessly commits an offence and is liable in the case of a first conviction to a fine at level 1 and in the case of a second or subsequent conviction to a fine at level 1 and to imprisonment for 3 months. (Amended 89 of 1994 s. 17; E.R. 6 of 2022)

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 46.

[cf. 1972 c. 20 s. 17 U.K.]

A person who uses or rides a bicycle, tricycle or multi-cycle on a road carelessly commits an offence and is liable to a fine at level 1. (Amended E.R. 2 of 2021)

A person uses or rides carelessly within the meaning of this section if on a road he uses or rides a bicycle, tricycle or multi-cycle without due care and attention or without reasonable consideration for other persons using the road.

A person who other than—

places, causes or permits to be placed, in, on or near a road or on a building any traffic sign or road marking commits an offence and is liable to a fine at level 1 and to imprisonment for 3 months. (Amended E.R. 2 of 2021)

The Commissioner may by notice in writing require any person who has placed or caused to be placed any such road marking or traffic sign to remove the same, and, if such person fails to comply with such notice, the Commissioner may cause the road marking to be obliterated or removed, or the traffic sign to be removed, as the case may be, and thereupon the road marking or traffic sign and any part thereof and every attachment thereto shall be forfeited to the Government and the Commissioner may recover from such person as a civil debt the cost of the obliteration or removal of the road marking or of the traffic sign and also the cost of any reinstatement of the road necessitated by such obliteration or removal. (Amended 3 of 2002 s. 15)

Subject to this Ordinance, no person shall—

on a road unless the vehicle is registered and licensed in accordance with this Ordinance.

No person shall—

on a road unless the rickshaw is licensed in accordance with this Ordinance.

No person shall—

for the carriage of passengers for hire or reward unless— (Amended L.N. 100 of 1984)

No person shall—

for the carriage of passengers unless a passenger service licence is in force in respect of the vehicle.

No person shall solicit or attempt to solicit any person for hire or reward to travel in any vehicle which is licensed as—

No person shall permit or suffer a motor vehicle which is licensed as a private car, private light bus or private bus to stand or ply for hire or reward.

Subject to this Ordinance, no person shall—

for the carriage of goods (other than personal effects) for hire or reward unless—

No person shall without the permission in writing of the Commissioner—

a motor vehicle which is licensed as a private car for the carriage of goods the total weight of which exceeds 200 kg.

No person shall—

a motor vehicle in contravention of any conditions subject to which the vehicle licence was issued.

Any person who contravenes—

No person shall—

an advertising vehicle—

Subject to this section, the Commissioner may, on application by the owner of a vehicle and on payment of the prescribed fee, issue a permit for the use of the vehicle as an advertising vehicle.

The Commissioner shall not issue a permit under this section unless he is satisfied that the advertising to be displayed will be displayed for a non-commercial purpose.

The Commissioner may attach such conditions to a permit issued under this section as he considers necessary, including the period for which the permit will be effective.

A person who contravenes subsection (2) commits an offence and is liable in the case of a first conviction to a fine at level 2 and to imprisonment for 3 months, and in the case of a second or subsequent conviction to a fine at level 3 and to imprisonment for 6 months. (Amended E.R. 2 of 2021)

Subject to subsection (3), no person shall—

a motor vehicle or trailer for delivery in such a condition—

Subject to subsection (3), no person shall alter or cause or permit to be altered a motor vehicle or trailer so as to render its condition such that the use thereof on a road would contravene any provision of this Ordinance as to the construction, weight, equipment, brakes, steering gear or tyres thereof.

Any person who contravenes subsection (1) or (2) commits an offence and is liable to a fine at level 4: (Amended E.R. 2 of 2021)

Provided that it shall be a defence in proceedings for an offence under this section for the defendant to prove that he had reasonable cause to believe that the vehicle would not be used on a road in Hong Kong or would not be so used until it had been put into a condition in which it might be used without contravening any such provisions.

Nothing in this section shall affect the validity of any contract or of any right arising under a contract.

[cf. 1972 c. 20 s. 60 U.K.]

Subject to subsection (3), no person shall—

No person shall—

Any person who contravenes subsection (1) or (1A) commits an offence and is liable to a fine at level 2. (Amended 89 of 1994 s. 21; E.R. 2 of 2021)

This section shall not apply—

A person who promotes or takes part in—

to which the Commissioner of Police has not given his consent in writing, or in contravention of any conditions imposed on the granting of such consent, commits an offence and is liable to a fine at level 3 and to imprisonment for 12 months. (Amended E.R. 2 of 2021)

If a magistrate convicts a person of an offence under subsection (1), the magistrate shall order that the person be disqualified in accordance with subsection (2A) unless the magistrate for special reasons orders that the person be disqualified for a shorter period or that the person not be disqualified. (Replaced 23 of 2008 s. 15)

The person is to be disqualified—

For the purposes of subsection (2), a person to whom subsection (2A)(b) applies is disqualified for a shorter period if he is disqualified for a period of less than 12 months, or until the person has attended and completed the driving improvement course at his own cost, whichever is the later. (Added 23 of 2008 s. 15)

The Commissioner of Police may if he thinks fit consent to the promotion or holding of any such event as is described in subsection (1) subject to such conditions as he in his absolute discretion may impose.

Any person aggrieved by any decision of the Commissioner of Police under subsection (3) may appeal to the Administrative Appeals Board against such decision. (Amended 3 of 2002 s. 3)

Where, owing to the presence of a vehicle on a road, an accident occurs whereby—

the driver of that vehicle shall stop.

In the case of any such accident, the driver of the vehicle shall, if required, give to any police officer or to any person having reasonable grounds for so requiring the following particulars—

If, in the case of an accident referred to in subsection (1)(b), the driver of the vehicle for any reason does not give the particulars mentioned in subsection (2), he shall report the accident in person at the nearest police station or to any police officer as soon as reasonably practicable, and in any case not later than 24 hours after the accident. (Added 66 of 1984 s. 7)

If the accident involves injury to any person including the driver, the driver shall report the accident in person at the nearest police station or to any police officer as soon as reasonably practicable, and in any case not later than 24 hours after the accident, unless the driver is incapable of doing so by reason of injuries sustained by him in the accident. [cf. 1972 c. 20 s. 25(3) U.K.]

(Repealed 8 of 2021 s. 3)

A person who contravenes subsection (1) commits an offence and is liable to a fine at level 3 and to imprisonment for 12 months. (Amended E.R. 2 of 2021)

A person who contravenes subsection (2), (2A) or (3) or who knowingly makes a false statement in supplying particulars under subsection (2) commits an offence and is liable to a fine at level 4 and to imprisonment for 6 months. (Amended E.R. 2 of 2021)

In this section—

Subject to subsection (2), if owing to the presence of a vehicle on a road an accident occurs in consequence of which any person is killed or seriously injured or serious damage is caused to any vehicle or thing, any person who without the authority of a police officer moves or otherwise interferes with any vehicle involved in the accident or any part of any such vehicle or does any other act which destroys, alters or conceals any evidence of the accident commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months. (Amended E.R. 2 of 2021)

In any proceedings against a person in respect of the moving of or interference with a vehicle in contravention of subsection (1), it shall be a defence for the person charged to prove that the vehicle was moved or interfered with for the purpose of saving life, extinguishing fire or meeting any other emergency.

The Commissioner of Police may appoint such persons as he thinks fit to be traffic wardens or senior traffic wardens.

Traffic wardens shall discharge, in aid of the Hong Kong Police Force, the following functions— (Amended L.N. 362 of 1997)

For the purposes of discharging his functions under subsection (2), a traffic warden may require any person whom he reasonably suspects of having committed an offence under this Ordinance to give his name and address. (Added 39 of 1995 s. 8)

Subject to subsection (4), for the purposes of discharging his functions under subsection (2), a traffic warden shall have all the powers and duties of a police officer.

Notwithstanding subsection (3), a traffic warden shall not have power—

Traffic wardens shall be subject to the orders and directions of the Commissioner of Police.

A traffic warden shall obey all lawful orders given to him by a police officer of or above the rank of sergeant.

A traffic warden shall be deemed to be always on duty when required to act as such and shall discharge his functions as such in any and every place in Hong Kong where he may be doing duty.

An identity card shall be issued to every traffic warden and shall be evidence of his appointment.

A traffic warden whilst on duty shall wear the uniform of a traffic warden.

Any person who is not a traffic warden and who—

commits an offence and is liable to a fine at level 3 and to imprisonment for 6 months. (Amended E.R. 2 of 2021)

Any person who ceases to be a traffic warden, whether in consequence of resignation or dismissal or otherwise, shall thereupon deliver up his uniform and his identity card and any other Government property which may be in his possession.

(Repealed 39 of 1995 s. 9)

Where there is an emergency on or in the vicinity of the carriageway of the North-west Railway, a police officer in uniform may give directions to the driver of any vehicle of the North-west Railway for the purpose of saving or protecting any life or property in imminent danger or clearing any obstruction to the North-west Railway and any such driver shall obey the directions.

Any driver of a vehicle of the North-west Railway who fails to obey a direction of a police officer given under subsection (1) commits an offence and is liable to a fine at level 1. (Amended E.R. 2 of 2021)

This section applies if—

A police officer may demand a person to provide—

A demand under subsection (2)—

In this section—

A notice under section 63(3)(b)(ii) (demand notice) must be served by—

Subsection (3) applies if the person on whom the demand under section 63(2) is made has a registered e-contact means.

A demand notice may otherwise be served by—

In subsection (3)(b), the reference to sending an electronic message through a registered e-contact means is to be construed as—

In this section—

This section applies if a demand has been made by a police officer under section 63(2).

The person on whom the demand is made orally must—

The person on whom a demand notice is served under section 63A(1) or (3) must, in compliance with subsection (4), provide to the police officer specified in the notice the information specified in section 63(2)(a) or (b) (as appropriate) within 21 days after the date of the demand notice or the date of the corresponding electronic message (if any), whichever is the later.

For the purposes of subsection (3), the information must be provided—

A person who contravenes subsection (2) or (3) commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months.

A person who knowingly makes a false statement in providing information under subsection (2) or (3) commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 6 months.

In proceedings for an offence under subsection (5), it is a defence for the person charged with the offence to show that—

Subsection (9) applies if—

The court before whom the person under subsection (8) is convicted must have regard to the facts of the alleged offence in considering—

for the offence under subsection (5) or (6).

In this section—

If the person on whom a demand notice is served under section 63A(1)(b) or (3) (specified person) wishes to provide any information specified in section 63(2)(a) or (b) (as appropriate) in the form of an electronic record (electronic record), the person must—

The electronic record is taken to have been received by the police officer specified in the demand notice if—

The requirement for a signature on the electronic record under subsection (1)(a) is met by—

The Commissioner of Police may, for enabling a person to send an electronic record under subsection (1)(b), assign or approve any sequence or combination of letters, characters, numbers or symbols as the person’s password.

A person whose digital signature has been affixed on the electronic record under subsection (3)(b)(i) is, in the absence of evidence to the contrary, to be regarded as a person who is authorized by the specified person to send the record for the specified person.

In this section—

The requirements specified for the definition of digital signature in section 63C(6) are that—

In this section—

In proceedings for an offence under section 63B(5) or (6), a certificate of service in the specified form purporting to be signed by or for the Commissioner of Police is admissible in evidence without further proof on its production.

The certificate may state the following matters—

Unless the contrary is proved—

The Commissioner of Police may, by notice published in the Gazette, specify the forms of the following documents—

The Commissioner of Police may, in a form specified under subsection (1)(a), specify the form for the provision of information under section 63B(4)(a).

A demand notice in the form specified under subsection (1)(a) is valid if the name of the Commissioner of Police or a police officer authorized by the Commissioner of Police is printed, signed or otherwise shown on the notice.

A notice published in the Gazette under subsection (1) is not subsidiary legislation.

In this section—

The Commissioner of Police may, by notice published in the Gazette, designate an information system for the purposes of section 63A(3)(a) or 63C(1)(b).

A notice published in the Gazette under subsection (1) is not subsidiary legislation.

If, in any summary proceedings for an offence under this Ordinance, there is produced to the court a written statement that— (Amended 13 of 2024 s. 57)

Subsection (3) applies if the defendant concerned has provided, in accordance with a notice served on the defendant under section 63A(1) or (3), a statement in the form of an electronic record (electronic record) that purports to have been signed and sent by the defendant under section 63C(1). (Added 13 of 2024 s. 57)

If, in any summary proceedings for an offence under this Ordinance, there is produced to the court a printed copy of an electronic record (printed copy) that falls within the description under subsection (5) stating that the defendant was the driver of the vehicle at the time of the offence, the court must, in the absence of evidence to the contrary, admit the printed copy as evidence that the defendant was the driver of the vehicle at the time of the offence. (Added 13 of 2024 s. 57)

Subsections (5) and (6) apply in relation to a printed copy produced to the court under subsection (3). (Added 13 of 2024 s. 57)

A document purporting to be a printed copy is admissible in evidence without further proof on its production before the court if the document purports to be—

If a document is produced under subsection (3) as a printed copy, the court before which the document is produced must, in the absence of evidence to the contrary, presume that the document—

This section applies if—

The person named in an electronic record as the person who signed the record is, in the absence of evidence to the contrary, to be regarded as the person who signed the record.

The Commissioner and the Commissioner of Police may maintain and operate weigh-bridges or other machines for weighing vehicles. [cf. 1972 c. 20 s. 200(1) U.K.]

Subject to the provisions of any other enactment, any police officer in uniform or the Commissioner may require the person in charge of any motor vehicle to allow the motor vehicle or any trailer drawn thereby to be weighed, either laden or unladen, and the weight transmitted to the road by any part of the motor vehicle or trailer in contact with the road to be tested, and for that purpose to proceed with the vehicle and such trailer (if any) to a weigh-bridge or other machine for weighing vehicles.

Where a motor vehicle or trailer is weighed under this section and the weight is found to be within the limits authorized by law, a certificate of weight shall be given to the person in charge of the motor vehicle and the certificate so given shall exempt the motor vehicle and the trailer, if any, from being weighed so long as it is during the continuance of the same journey carrying the same load.

Any person in charge of a motor vehicle who fails to comply with any requirement under subsection (2) commits an offence and is liable in the case of a first conviction therefor to a fine at level 2 and to imprisonment for 3 months and in the case of a second or subsequent conviction to a fine at level 3 and to imprisonment for 6 months. (Amended E.R. 2 of 2021)

A police officer in uniform of the rank of sergeant or above who has reason to believe that an offence relating to the emission of smoke or visible vapour is being or has been committed in respect of a motor vehicle which is on a road or in any public place may stop and examine the vehicle, and may measure or cause to be measured by means of prescribed apparatus the emission of smoke or visible vapour from the vehicle.

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—

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 at level 1. (Amended E.R. 2 of 2021)

This section applies in relation to an item that is mentioned in section 111(2)(a), (b), (c), (d), (e) or (f). (Added 26 of 2025 s. 7)

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.]

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 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.]

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.]

In this section—

This section applies to—

During any examination of a motor vehicle specified in subsection (3A), the Commissioner may cause to be retrieved by a vehicle examiner—

The examination of a motor vehicle is one that is carried out—

Subsections (4) and (5) apply if a police officer has reasonable cause to believe that—

The police officer may— (Amended 20 of 2021 s. 79)

The police officer referred to in subsection (4) may—

In any criminal proceedings, a document purporting to be a record of the data retrieved under subsection (5)(b) is admissible as evidence of the matters appearing from the record without further proof.

Any person who without reasonable excuse fails to comply with any direction of a police officer under subsection (4)(a) commits an offence and is liable to a fine at level 2.

Subject to subsection (2), a person prosecuted for an offence under section 36, 36A, 37, 38 or 41 (which relate respectively to causing death by dangerous driving, causing grievous bodily harm by dangerous driving, dangerous driving, careless driving and driving in excess of the speed limit) shall not be convicted of such offence unless— (Amended 33 of 2000 s. 5; 19 of 2010 s. 17)

Subsection (1) shall not apply if it appears to the court or magistrate that—

The requirements of subsection (1) shall in every case be presumed to have been complied with unless and until the contrary is proved.

Without prejudice to any other provision relating to the penalty that may be, or is required to be, imposed for an offence, a court or magistrate before which a person is convicted of any of the following offences may order him to be disqualified for such period as the court or magistrate thinks fit— (Amended 23 of 2008 s. 16)

A disqualification—

When a person is convicted of aiding, abetting, counselling or procuring or inciting the commission of an offence under Part 5 or section 52(1), and it is proved that he was present in the vehicle at the time of the commission of the offence, the offence of which he is convicted shall, for the purposes of this Ordinance, be deemed to be an offence in connection with the driving of a motor vehicle.

This section applies if—

The court or magistrate must direct that the disqualification period is not to start to run until the person finishes serving the term of imprisonment or detention, or finishes serving any other term of imprisonment or detention which the person is undergoing at the time he or she finishes serving the first-mentioned term, or has been previously sentenced to undergo (whichever is the later), unless the court or magistrate for special reasons decides not to make such a direction. (Amended 24 of 2011 s. 15)

The court or magistrate may deal with the conviction of a relevant scheduled offence as a first conviction if, as at the date on which the offence was committed, at least 5 years have passed since the person’s last conviction of a relevant scheduled offence.

Subject to subsection (5), a person is disqualified by this section for the whole of any day during which or during part of which the person is released from custody before the disqualification period is to start to run by virtue of a direction given under subsection (2) and any such day must be deducted from the period of disqualification to be served by the person.

The court or magistrate may direct that a person is not disqualified by this section during any period of release from custody of a kind referred to in subsection (8)(a) (admission to bail pending sentence or appeal).

Subsection (4) ceases to operate if the period of disqualification becomes exhausted because of deductions made under that subsection. In such a case the disqualification period does not start to run in accordance with the direction of the court or magistrate and must be taken for all purposes to have been served.

For the purpose of subsection (6), each 30 days deducted under subsection (4) is to be treated as being equal to a month.

Without limiting subsection (4), a person must be taken to be released from custody for the purposes of this section during any period that he or she—

(Repealed 43 of 1986 s. 4)

Where a person is convicted of an offence involving obligatory or discretionary disqualification the court or magistrate may, whether or not it makes any other order as to disqualification, and whether or not such person has previously passed the test of competence to drive prescribed under this Ordinance, order him to be disqualified until he has, after the date of the order, passed that test. (Amended 23 of 2008 s. 17)

A disqualification by virtue of an order under subsection (2) shall be deemed to have expired on production to the Commissioner of evidence, in such form as may be prescribed under this Ordinance, that the person disqualified has, after the order was made, passed that test.

A person disqualified by virtue of an order under subsection (2) shall, unless he is disqualified otherwise than by virtue of such an order, be entitled to obtain and hold a learner’s driving licence and to drive a motor vehicle in accordance with the conditions subject to which the licence is granted.

This section does not apply if the court or magistrate makes an order that a person be disqualified for life. (Added 24 of 2011 s. 16)

If a court or magistrate orders that a person be disqualified, the court or magistrate must—

If a court or magistrate orders that a person be disqualified and at the date of such order the person holds a driving licence, an international driving permit, a domestic driving permit or a domestic driving licence, the court or magistrate must also order the person to deposit it with the court or magistrate within 5 days of the date of the order or such longer period as the court or magistrate may determine: Provided that if such person gives notice of appeal against the order such period of 5 days is to commence at the determination of the appeal if the appeal is dismissed. (Amended 26 of 2025 s. 8)

Where a person who is disqualified by virtue of a conviction or order is the holder of a driving licence, an international driving permit, a domestic driving licence or a domestic driving permit, the licence or permit shall, subject to section 70(4), be of no effect so long as the disqualification continues in force.

A person who is disqualified by virtue of the order of a court or magistrate may appeal against the disqualification in like manner as if it were an order made against him for the payment of a penal or other sum and the court or magistrate which made the order may order the operation of the disqualification to be suspended pending the appeal and if that court or magistrate refuses to order such suspension, the court or magistrate to which the appeal lies may do so.

Any person who fails to comply with an order made under subsection (2) for the deposit of a driving licence, international driving permit, domestic driving permit or domestic driving licence, commits an offence and is liable to a fine at level 2 and to imprisonment for 1 month. (Amended E.R. 2 of 2021)

A person who by virtue of the order of a court or magistrate is disqualified other than under section 70(2) may at any time apply for an order removing the disqualification, and on any such application the court or magistrate may, having regard to the character of the person disqualified and his conduct subsequent to the order, the nature of the offence and any other circumstances of the case, either refuse the application or remove the disqualification as from such date, subject to subsection (2), as may be specified in the order. (Amended 43 of 1986 s. 5; 23 of 2008 s. 19)

In the case of an offence for which a minimum period of disqualification is specified by this Ordinance, the date from which a disqualification may be removed under subsection (1) shall not be a date earlier than the date of expiration of such period, disregarding any time after the conviction or order for disqualification during which the disqualification was suspended or the applicant was not disqualified.

An application under subsection (1) shall be made—

When an application under subsection (1) is refused, no further application thereunder shall be entertained which is made less than 3 months after the date of the refusal or, as the case may be, the last refusal.

An application under subsection (1) shall not be heard unless not less than 14 days’ notice in writing setting forth the grounds of the application has been given to the Commissioner of Police.

A court or magistrate which orders a disqualification to be removed shall cause notice of the order to be sent to the Commissioner and to the Commissioner of Police and may in any case order the applicant to pay the whole or any part of the costs of the application. (Amended 23 of 2008 s. 19)

Where a court or magistrate convicts a person of a specified general offence or a specified taxi offence, the court or magistrate may do either or both of the following— (Amended 23 of 2008 s. 20; 35 of 2023 s. 48)

Subject to subsection (1B), where a court or magistrate convicts a person of an offence under section 36, 36A, 37, 39, 39A, 39B, 39C, 39J, 39K, 39L, 39O(1), 39S or 55, or convicts an applicable person of an offence under section 41(1), the court or magistrate shall order the person to attend and complete a driving improvement course, unless the court or magistrate for special reasons decides not to make such an order. (Added 23 of 2008 s. 20. Amended 19 of 2010 s. 19; 24 of 2011 s. 17)

If a person, on being convicted of a specified general offence in any proceedings, is ordered under subsection (1)(b) or (1A) to attend and complete a driving improvement course, the person is not to be ordered under that subsection to attend and complete a driving improvement course for any other specified general offence the person is convicted of in the same proceedings. (Added 23 of 2008 s. 20. Amended 35 of 2023 s. 48)

If a person, on being convicted of a specified taxi offence in any proceedings, is ordered under subsection (1)(b) to attend and complete a taxi service improvement course, the person is not to be ordered under that subsection to attend and complete a taxi service improvement course for any other specified taxi offence the person is convicted of in the same proceedings. (Added 35 of 2023 s. 48)

Where a court or magistrate makes an order under subsection (1)(b) in addition to imposing a penalty under subsection (1)(a), the penalty so imposed may be a penalty that is lighter than the court or magistrate might have imposed had the order not been made. (Amended 23 of 2008 s. 20)

A person who is— (Amended 35 of 2023 s. 48)

must, at the person’s own cost, attend and complete that course in accordance with subsection (3A), (3B) or (3C) as may be applicable to the person. (Amended 35 of 2023 s. 48)

The person must attend and complete the course within 3 months beginning on the date of the order for attending and completing it if the person— (Amended 35 of 2023 s. 48)

The person must attend and complete the course within the last 3 months of the disqualification period if the person— (Amended 35 of 2023 s. 48)

The person must attend and complete the course within 3 months beginning on the date the person finishes serving the term of imprisonment or detention if the person— (Amended 35 of 2023 s. 48)

Where a judge or magistrate considers, on application made by a person in accordance with subsection (5), that the person has reasonable grounds for not attending and completing a driving improvement course or taxi service improvement course within the compliance period, the judge or magistrate may order that the compliance period be extended for such period as the judge or magistrate considers appropriate. (Amended 23 of 2008 s. 20; 24 of 2011 s. 17; 35 of 2023 s. 48)

An application under subsection (4) shall be—

Where—

shall give notice of the order to the person who made the application and the Commissioner.

(Repealed 23 of 2008 s. 20)

A person who, without reasonable excuse, fails to comply with subsection (3) commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 1 month. (Amended 23 of 2008 s. 20; 24 of 2011 s. 17)

If a court or magistrate convicts a person of an offence under subsection (9), the court or magistrate must— (Added 23 of 2008 s. 20. Amended 35 of 2023 s. 48)

unless the court or magistrate for special reasons decides not to make such an order. (Amended 35 of 2023 s. 48)

A person who, without reasonable excuse, fails to comply with the order made under subsection (9A) commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 2 months. (Added 23 of 2008 s. 20)

If—

the court or magistrate must make an order (subsection (9C) order) that the person be disqualified for a period of not less than 3 months beginning on the date of the subsection (9C) order or until the person has attended and completed a driving improvement course at the person’s own cost, whichever is the later, unless the court or magistrate for special reasons orders that the person be disqualified for a shorter period or that the person not be disqualified. (Replaced 35 of 2023 s. 48)

If—

the court or magistrate must make an order (subsection (9CA) order) that the person be disqualified from driving a taxi for a period of not less than 3 months beginning on the date of the subsection (9CA) order or until the person has attended and completed a taxi service improvement course at the person’s own cost, whichever is the later, unless the court or magistrate for special reasons orders that the person be so disqualified for a shorter period or that the person not be so disqualified. (Added 35 of 2023 s. 48)

If a person is ordered under subsection (1)(b), (1A) or (9A) to attend and complete a course, the person may appeal against the order in like manner as if it were an order made against the person for the payment of a fine. (Added 23 of 2008 s. 20. Amended 35 of 2023 s. 48)

If a person appeals against an order under subsection (9D), the compliance period, or that period as extended under subsection (4), or, in relation to an order made under subsection (9A), the period specified in the order does not commence or continue to run, as the case may be, until the appeal is withdrawn or dismissed. (Added 23 of 2008 s. 20. Amended 24 of 2011 s. 17)

The Legislative Council may by resolution amend Schedule 11.

In this section—

For the purposes of subsection (1A), a person is, in relation to an offence under section 41(1), an applicable person if it is proved or admitted that, at the time of the offence, the person was driving the vehicle at a speed exceeding the relevant speed limit as described in that section by more than 45 km an hour. (Added 23 of 2008 s. 20)

For the purposes of subsection (9C), a person is disqualified for a shorter period if the person is disqualified for a period of less than 3 months beginning on the date of the subsection (9C) order or until the person has attended and completed a driving improvement course at the person’s own cost, whichever is the later. (Added 23 of 2008 s. 20. Amended 35 of 2023 s. 48)

For the purposes of subsection (9CA), a person is disqualified for a shorter period if the person is disqualified for a period of less than 3 months beginning on the date of the subsection (9CA) order or until the person has attended and completed a taxi service improvement course at the person’s own cost, whichever is the later. (Added 35 of 2023 s. 48)

The requirement in subsection (1A) to order a person to attend and complete a driving improvement course does not apply if the court or magistrate makes an order that the person be disqualified for life. (Added 24 of 2011 s. 17)

In any proceedings for an offence under this Ordinance, a certificate in the form set out in Form 1 of Schedule 2 purporting to be signed by a police officer and certifying that a plan or drawing exhibited thereto is a plan or drawing made by him of the place or object specified in the certificate, and that the plan or drawing is correctly drawn to a scale so specified, shall be admissible as evidence of the relative positions of the things shown on the plan or drawing.

In any proceedings for an offence under this Ordinance, a certificate in the form set out in Form 2 of Schedule 2 purporting to be signed by a police officer and certifying that a person specified in the certificate stated to the police officer—

shall be admissible as evidence for the purpose of determining by whom the vehicle was being driven or used, or to whom it belonged, as the case may be, on that occasion.

Nothing in subsection (1) or (2) shall be deemed to make a certificate admissible as evidence in proceedings for an offence except in a case where and to the like extent to which oral evidence to the like effect would have been admissible in those proceedings.

Nothing in subsection (1) or (2) shall be deemed to make a certificate admissible as evidence in proceedings for an offence—

A certificate or other document required by subsection (4) to be served on any person may be served—

A document purporting—

shall be admitted in any civil or criminal proceedings before any court on its production without further proof.

On the production of a document under subsection (1), the court before which it is produced shall, until the contrary is proved, presume—

and the certificate shall be prima facie evidence of all the matters contained therein.

A document purporting—

shall be admitted in any criminal proceedings before any court on its production without further proof.

On the production of a document under subsection (1)—

The Commissioner of Police may, for the purposes of this section, cause to be compiled and maintained from information obtained from such persons and in such manner as the Commissioner of Police shall determine records of conviction of persons for offences under this Ordinance.

Any records of convictions of persons for offences under this Ordinance compiled and maintained by the Commissioner of Police prior to the commencement of this section shall be deemed to be records compiled and kept under this section.

Subject to subsection (5A), the Commissioner of Police shall, on payment of the prescribed fee and receipt of the completed application form for a record or certificate under this section, issue to the holder of a driving licence a record of all convictions of offences under this Ordinance or payments or orders to pay under the Fixed Penalty (Criminal Proceedings) Ordinance (Cap. 240) recorded in respect of that person or, where it appears from records maintained by the Commissioner of Police that such person has not been convicted of an offence under this Ordinance, a certificate to that effect. (Amended 66 of 1987 s. 3; 80 of 1991 s. 2; 10 of 1996 s. 9)

The Commissioner of Police shall not issue the record or certificate to the person under subsection (5) unless he is satisfied that all fines, fixed penalties, additional penalties and costs ordered by the court or magistrate to be paid by the holder of a driving licence under the Fixed Penalty (Traffic Contraventions) Ordinance (Cap. 237) or the Fixed Penalty (Criminal Proceedings) Ordinance (Cap. 240) have been paid. (Added 80 of 1991 s. 2)

For the avoidance of doubt, a record issued under subsection (5) may, at the written request of the applicant, reveal all convictions under this Ordinance or payments or orders to pay under the Fixed Penalty (Criminal Proceedings) Ordinance (Cap. 240), notwithstanding the provisions of the Rehabilitation of Offenders Ordinance (Cap. 297). (Added 10 of 1996 s. 9)

Neither the Government nor any public officer shall be subject to any action, liability, claim or demand whatsoever arising out of compliance with, or any failure to comply in any respect with, subsection (5).

A document issued under this section may contain an extract from the register of taxi-driver-offence points maintained under section 3(1) of the Taxi-Driver-Offence Points Ordinance (Cap. 647) (TDOP Register). (Added 35 of 2023 s. 49. Amended E.R. 5 of 2024)

This section applies to an extract from the TDOP Register as if the extract were a record of convictions compiled and maintained by the Commissioner of Police under this section. (Added 35 of 2023 s. 49)

Unless otherwise specifically provided by this Ordinance, any notice required to be served under this Ordinance may be served by sending it by post—

A certificate of posting in the prescribed form purporting to be signed by or for the Commissioner or the Commissioner of Police, as the case may be, shall be admitted in evidence on its production without further proof and—

The provisions of any enactment imposing a speed limit on motor vehicles shall not apply to any vehicle on an occasion when it is being used for fire services, ambulance, customs and excise service or police purposes, if compliance with those provisions would be likely to hinder the use of the vehicle on that occasion for any of those purposes.

The provisions of any enactment imposing control by traffic lights or traffic signs on motor vehicles shall not apply to any motor vehicle on an occasion when it is being used for police, fire services or ambulance purposes, so long as the approach of the vehicle to the traffic lights or traffic sign, as the case may be, is indicated by the sounding of a gong, bell or siren and if compliance with those provisions would be likely to hinder the use of the vehicle on that occasion for any of those purposes.

Nothing in this section shall affect any civil claim for injury or damage to a person or to property.

The Commissioner may, in writing, designate any place (including any place designated under section 88C as a car testing centre or any place designated as a vehicle examination centre) as a vehicle emission testing centre and may impose such conditions relating to that designation as he thinks fit.

Where a place is designated as a vehicle emission testing centre under subsection (1), such designation—

Without prejudice to the generality of subsection (2)(a)—

The Commissioner shall cause notice of the designation of a place as a vehicle emission testing centre to be published in the Gazette.

Subject to section 77D, a designation—

A renewal of a designation under subsection (5) shall—

If in the case of any proprietor of a vehicle emission testing centre it appears to the Commissioner that—

the Commissioner may serve on the proprietor a notice stating his intention to revoke the designation and the ground or grounds therefor and requiring the proprietor to show cause in writing, within 28 days after the service of such notice, why the designation should not be so revoked.

Where after a notice is served on a proprietor under subsection (1)—

the Commissioner may, by notice in writing served on the proprietor, revoke the designation with effect from such date being not less than 14 days after service of the notice as he shall specify in the notice.

Any proprietor of a vehicle emission testing centre aggrieved by a decision of the Commissioner under subsection (2) to revoke the designation of such vehicle emission testing centre may appeal to a Transport Tribunal against such decision within 14 days of receiving notice of the decision and on any such appeal a Transport Tribunal may affirm, amend or reverse such decision.

A decision of the Commissioner appealed against under subsection (3) shall not have effect pending the determination of the appeal by a Transport Tribunal.

The Commissioner shall cause notice of the revocation of a designation under subsection (2) to be published in the Gazette as soon as practicable after the revocation has come into effect.

No compensation shall be payable in respect of the revocation of a designation under this section.

Notwithstanding section 77D, a designation in respect of a vehicle emission testing centre shall be terminated in the following cases—

Where a designation is terminated under this section, the Commissioner may make a refund in respect of any fee paid under section 77C of an amount not exceeding the sum obtained by dividing the amount of the fee paid by 36 and multiplying the result by the number of months in the unexpired period of the designation.

The Commissioner shall cause a copy of every notice served under subsection (1) to be published in the Gazette.

For the purposes of this Part the Commissioner may—

A code of practice issued, and from time to time revised, under subsection (1) may specify the circumstances in which the fees set out in paragraph 6(a) or (b) of Schedule 10 are to be waived, reduced or refunded.

Any public officer authorized in writing by the Commissioner for the purposes of this section, may, during the hours when a vehicle emission testing centre is open for business, enter any vehicle emission testing centre and on production of his authorization—

Any person who obstructs an officer in the execution of his duty under subsection (1) commits an offence and is liable to a fine at level 2 and imprisonment for 6 months. (Amended E.R. 2 of 2021)

The Chief Executive may by order published in the Gazette amend Schedule 10. (Amended 3 of 2002 s. 15)

The Financial Secretary may by order published in the Gazette amend the fees set out in paragraph 6 of Schedule 10.

Before—

the Commissioner may, by notice given in the manner provided in subsection (1A), require production of a vehicle of any class for examination at such vehicle examination centre as the Commissioner may determine for the purpose of ascertaining whether a vehicle—

A notice under subsection (1) may—

A vehicle produced at a vehicle examination centre pursuant to subsection (1) may be detained for a period not exceeding 24 hours.

The fee for a vehicle examination under this section shall be payable—

Where a vehicle is to be examined at a vehicle examination centre not being the subject of an agreement made under section 88(3), the fee for such examination shall be payable to the Government and in the event of non-production of the vehicle at a date and time specified under subsection (1A)(c) or (d), no refund shall be payable of any fee paid unless—

Where a vehicle is to be examined at a vehicle examination centre being the subject of an agreement made under section 88(3), the fee for such examination shall be payable to the person authorized under the agreement to operate the vehicle examination centre and in the event of non-production of the vehicle at a date and time specified under subsection (1A)(c) or (d), no refund shall be payable of any fee paid unless—

A police officer may—

a vehicle which is being used on a road, for the purpose of ascertaining whether the vehicle complies with this Ordinance and any condition subject to which the vehicle licence in respect of the vehicle was issued.

Any police officer who, as a result of an examination of a vehicle under subsection (1), has reason to believe that—