MOTOR VEHICLES INSURANCE (THIRD PARTY RISKS) ORDINANCE

MOTOR VEHICLES INSURANCE (THIRD PARTY RISKS) ORDINANCE

LAWS OF HONG KONG

MOTOR VEHICLES INSURANCE

(THIRD PARTY RISKS) ORDINANCE

CHAPTER 272





CHAPTER 272

MOTOR VEHICLES INSURANCE (THIRD PARTY RISKS)
ORDINANCE

ARRANGEMENT OF SECTIONS

Section..................................... Page
1. Short title ............................2
2. Interpretation .........................2
3. Application of Ordinance to private roads 3
4. Obligation on users of motor vehicles to be insured against third party risks 3
5. Provisions regarding deposits under section 4 5
6. Requirements in respect of policies ...6
7. Requirements in respect of securities .7
8. (Rep-led) ..............................8
9. Certain conditions to policies or securities to be of no effect 8
10. Duty of insurers to satisfy judgments against persons insured in respect of
third party risks ...................8
11. Bankruptcy, etc., of insured persons not to affect certain claims by third
parties ...............................10
12....Avoidance of restrictions on scope of policies covering third party risks 10
13. Duty of person against whom claims are made to give information as to
insurance .............................11
14.............Duty to surrender certificate on cancellation of policy 12
15. Application of sections 10 to 14 to securities 12
16. Requirements as to production of certificate of insurance or of security 12
17. Forgery, etc., of certificates ......13
18. Disclosure of information to the police 14
19. Offences and general penalty ........14
20. Regulations..............................................................................................................
...........................................15





CHAPTER 272

MOTOR VEHICLES INSURANCE
(THIRD PARTY RISKS)

To make provision for the protection of third parties against risks arising out of the
use of motor vehicles.

[9 November 1951]

Originally 39 of 1951-16 of 1952,30 of 1967,21 of 1968,20 of 1972,61 of 1973,22 of 1976,
L.N. 16 of 1977,28 of 1978,49 of 198.1, 6of 1983, R.Ed. 1983,46 of 1985,31 of 1986,20
of 1987,80 of 1988

1. Short title

This Ordinance may be cited as the Motor Vehicles Insurance (Third Party

Risks) Ordinance.

2. Interpretation

In this Ordinance, unless the context otherwise requires

'Authority' means the Governor in Council or such other person, or body of
persons, as may be nominated by the Governor in Council by notice in the
Gazette;

'authorized insurer'

(a) in relation to a policy of insurance or security, means an insurer

which, at the time the policy of insurance or security is issued or
given, is-

(i) an insurer authorized under the Insurance Companies Ordinance
(Cap. 41) to carry on motor vehicle insurance business; or

(ii) an association of underwriters approved by the Governor in
Council under section 6 of that Ordinance; and

(b) includes the society of underwriters known in the United

Kingdom as Lloyd's; (Replaced 6 of 1983 s. 60)

'driver', where a separate person acts as steersman of a motor vehicle, includes that
person as well as any other person engaged in the driving of the vehicle, and
the expression 'drive' shall be construed accordingly; [cf.

1930 c. 43 s. 121 U.K.]
'insurer' means an authorized insurer;(Replaced 6 of 1983 s. 60)





'motor vehicle' means a vehicle intended or adapted for use on roads, and propelled
by any form of mechanical power, and includes a motor bicycle with or without
a side-car or trailer, a motor tricycle and a bicycle or tricycle assisted by a
motor, and a village vehicle within the meaning of section 2 of the Road Traffic
Ordinance (Cap. 374), but not a vehicle drawn by any other motor vehicle, nor
any conveyance for use solely on railways or tramways; (Amended 31 of 1986
s. 8) [cf. 1930 c. 43 s. 1 U.K.]

'motor vehicle insurance business' means insurance business of the nature
specified in class 10 in Part 3 of the First Schedule to the Insurance Companies
Ordinance(Cap. 41); (Replaced 6of 1983s. 60)

owner in relation to a vehicle which is the subject of a hiring agreement or hire
purchase agreement, means the person in possession of the vehicle under that
agreement; [cf. 1930 c. 43 s. 121 U.K.]

'policy of insurance' includes a covering note;

'road' means any highway and any other road to which the public have access and
includes any road upon which a member of the public is allowed to drive a
vehicle only if in possession of a permit issued by the Commissioner of Police
or the Commissioner for Transport. (Replaced 16 of 1952 s. 2. Amended 30 of
1967 Schedule)

3. Application of Ordinance to private roads

(1) For the avoidance of doubt, it is hereby declared that the provisions of this
Ordinance shall apply to private roads as they apply to roads and, for that purpose,
the provisions of any other Ordinance which relate, in any way, to the provisions of
this Ordinance shall apply accordingly.

(2) For the purposes of this section, 'private road' means a private road within
the meaning of the Road Traffic Ordinance (Cap. 374).

(Added 80 of 1988 s. 15)

4.Obligation on users of motor vehicles to
he insured against third party risks

(1) Subject to the provisions of this Ordinance it shall not be lawful for any
person to use, or to cause or permit any other person to use, a motor vehicle on a
road unless there is in force in relation to the user of the vehicle by that person or
that other person, as the case may be, such a policy of insurance or such a security
in respect of third party risks as complies with the requirements of this Ordinance.

(2) (a)If a person acts in contravention of this section, he shall be liable to a
fine of $10,000 and to imprisonment for 12 months, and a person
convicted of an offence under this section shall (unless the court for
special reasons thinks fit to order otherwise) be disqualified from
holding or obtaining a licence to drive a motor





vehicle for such period as the court may determine being not less
than 12 months nor more than 3 years from the date of conviction.
(Replaced 22 of 1976s. 2)

(b)A person disqualified by virtue of a conviction under this section or
of an order made thereunder for holding or obtaining a licence shall,
for the purposes of the Road Traffic Ordinance (Cap. 374), be deemed
to be disqualified by virtue of a conviction under the provisions of
that Ordinance.

(3) Notwithstanding any enactment prescribing a time within which proceedings
may be brought before a court of summary jurisdiction, proceedings for an offence
under this section may be brought

(a)within a period of 6 months from the date of the commission of the
alleged offence; or

(b)within a period which exceeds neither 3 months from the date on
which it came to the knowledge of the prosecutor that the offence had
been committed nor 1 year from the date of the commission of the
ofrence,

whichever period is the longer.

(4) This section shall not apply to

(a)any motor vehicle which is the property of Her Majesty or the
Government upon any occasion upon which such vehicle is being
used by a person authorized by Her Majesty or the Government to
use the same on such occasion; or

(b)any motor vehicle at any time when it is being driven for police
purposes by, or under the direction of, any police officer; or

(ba) any motor vehicle at any time when it is being driven by a public
officer

(i)in connection with a driving or instructor's test conducted by
him under the Road Traffic Ordinance (Cap. 374);

(ii)for the purpose of carrying out any examination, inspection,
weighing or testing of that vehicle required under that
Ordinance; or (Added61 of 1973s.2)

(iii) in the course of its removal from a road tunnel to which the Road
Tunnels (Government) Ordinance (Cap. 368) applies; or
(Replaced 49 of 1981 s. 2)

(iv)in the course of its removal from a restricted road, or any place
on a restricted road or a parking place or car park, in an estate
managed by the Housing Authority under the Housing
Ordinance(Cap. 283); or (Added49 of 1981s. 2)

(bb) any motor vehicle at any time when it is being driven within the Cross-
Harbour tunnel area by a tunnel officer in the course of its removal
from the tunnel under the Cross-Harbour Tunnel

Ordinance(Cap. 203); or (Added61 of 1973s.2)





(bc) any motor vehicle at any time when it is being driven by an employee
of the Mass Transit Railway Corporation in the course of its removal
from any railway premises, station approach road or entrance under
the Mass Transit Railway By-laws (Cap. 270 sub. leg.); or (Added49
of 1981s. 2)

(c)any motor vehicle owned by a person, other than a person specified in
an order made by the Governor in Council for the purposes of this
paragraph, who has made a deposit with the Director of Accounting
Services to the value of $2,000,000 and has not required such deposit
to be returned to him, at any time when such motor vehicle is being
driven by the owner or by a servant of the owner in the course of his
employment, or is otherwise subject to the control of the owner.
(Amended21 of 1968 s. 3; L.N. 16 of 1977,.46 of 1985 s. 2)

[cf. 1930 c. 43 s. 35 U.K.]

5. Provisions regarding deposits under section 4

The following provisions shall apply in relation to any deposit made under
section 4(4)(c)-- (Amended21 of 1968 s. 4)

(a)a deposit may be made in cash or in securities approved by the
Director of Accounting Services (hereinafter referred to as approved
securities), or partly in cash and partly in approved securities and the
value of securities shall be taken as the market value on the day of
deposit;

(b)when approved securities are deposited the depositor shall, if so
required by the Director of Accounting Services, take, at or before the
time they are so deposited, such steps as the Director of Accounting
Services may require to vest the same in the Director of Accounting
Services;

(c)the Director of Accounting Services may permit the substitution of
other approved securities for those previously deposited or the
substitution of cash for approved securities, or vice versa, and may
where he considers that the approved securities have fallen below
their value at the time of the deposit, require the depositor to deposit
the difference in value in further approved securities or cash;

(d)the Director of Accounting Services shall return the deposit to the
depositor by repaying to him any cash deposited or retransferring to
him any securities, as the case may be, if

(i) the depositor has in writing requested the Director of
Accounting Services to return the deposit; or





(ii) an order is made by the Governor in Council under
paragraph (e) of section 4(4) specifying the depositor for the
purposes of that paragraph; (Replaced 46of 1985 s.3)
(e)subject to the provisions of paragraph (f), the deposit shall be
deemed to form part of the assets of the depositor and the
interest or dividends accruing due in respect thereof shall be
payable to the depositor;
(j)no part of the deposit shall, so long as any liabilities, being such
liabilities as are required to be covered by a policy of insurance
under this Ordinance, which have been incurred by the depositor,
have not been discharged or otherwise provided for, be applicable
in discharge of any other liabilities incurred by the depositor.
(AmendedL.N. ]6of 1977)

6. Requirements in respect of policies

(1) In order to comply with the requirements of this Ordinance, a policy
of insurance must be a policy which-
(a) is issued by an authorized insurer; and
(b)insures such person, persons or classes of persons as may be
specified in the policy in respect of any liability which may be
incurred by him or them in respect of the death of or bodily
injury to any person caused by or arising out of the use of the
motor vehicle on a road:
Provided that such a policy shall not be required to cover-
(i) liability in respect of the death arising out of and in the course
of his employment of a person in the employment of a person
insured by the policy or of bodily injury sustained by such a
person arising out of and in the course of his employment; or
(ii) (Repealed 22 of 19 76 s. 3)
(iii) any contractual liability.
(2) Notwithstanding anything in any law, a person issuing a policy of
insurance under this section shall be liable to indemnify the persons or classes
of persons specified in the policy in respect of any liability which the policy
purports to cover in the case of those persons or classes of persons.
(3) A policy shall be of no effect for the purposes of this Ordinance unless
and until there is issued by the insurer in favour of the person by whom the
policy is effected a certificate (in this Ordinance referred to as a certificate of
insurance) in the prescribed form and containing such particulars of any
conditions subject to which the policy is issued and of any other matters as may
be prescribed, and difrerent forms and difrerent particulars may be prescribed in
relation to different cases or circumstances.
[cf. 1930 c. 43 s. 36 U.K.]





7. Requirements in respect of securities

(1) In order to comply with the requirements of this Ordinance a security in
respect of third party risks must

(a)be given either by an authorized insurer or by some body of persons
which carries on in Hong Kong the business of giving securities of a
like kind and which

(i) has deposited and keeps deposited with the Director of
Accounting Services the sum of $1,000,000 in respect of that
business;or (AmendedL.N. 16 of 1977)

(ii) has been exempted by the Authority, under the provisions of
subsection (2) from the obligation to make such deposit;
(Amended 46 of 1985 s. 4)

(b)consist of an undertaking by the giver of the security to make good,
subject to any conditions specified therein, and up to the amount, in
the case of an undertaking carrying on the business of transporting
for hire or reward passengers by motor vehicles, of not less than
$2,000,000 and, in any other case, of not less than $400,000, any failure
by the owner of the vehicle or such other persons or classes of
persons as may be specified in the security duly to discharge any
such liability as is required to be covered by a policy of insurance
under section 6 which may be incurred by him or them. (Amended 46
of 1985 s. 4)

(2) The Authority may grant exemption from the obligation to make a deposit
under subsection (1)(a), either in relation to any specific body of persons or in
relation to any class of body of persons:

Provided that the Authority shall not grant exemption as aforesaid unless the
Authority is satisfied as to the financial stability of the body of persons, or the body
of persons of the class in question, as the case may be.

(3) The provisions of section 5 shall apply mutatis mutandis in relation to any
deposit made under subsection (1)(a) of this section, subject to the modification that
for paragraph (d) of the said section 5 there shall be substituted the following
paragraph

'(d)subject to the provisions of paragraph (j) of this section, the deposit
shall be retained by the Director of Accounting Services so long as
the depositor carries on in Hong Kong the business in respect of
which the deposit is made;'. (Amended 46 of 1985 s.4)

(4) A security shall be of no effect for the purposes of this Ordinance unless
and until there is issued by the person giving the security in favour of the person to
whom it is given a certificate (in this Ordinance referred to as a certificate of security)
in the prescribed form and containing such particulars of any condition subject to
which the security is issued and of any other matters as may be prescribed in relation
to different cases or circumstances.

[cf. 1930 c. 43 s. 37 U.K.]





8. (Repealed 20 of 198 7 s. 2)

9. Certain conditions to policies or

securities to he of no effect

Any condition in a policy or security issued or given for the purposes of this
Ordinance, providing that no liability shall arise under the policy or security, or that
any liability so arising shall cease, in the event of some specified thing being done or
omitted to be done after the happening of the event giving rise to a claim under the
policy or security, shall be of no efrect in connection with such claims as are
mentioned in section 6(1)(b):

Provided that nothing in this section shall be taken to render void any
provisions in a policy or security requiring the person insured or secured to repay to
the insurer or the giver of the security any sums which the latter may have become
liable to pay under the policy or security and which have been applied to the
satisfaction of the claims of third parties.

[cf. 1930 c. 43 s. 38 U.K.]

10. Duty of insurers to satisfy judgments against persons

insured in respect of third party risks

(1) If, after a certificate of insurance has been issued under section 6(3) in
favour of the person by whom a policy has been effected, judgment in respect of any
such liability as is required to be covered by a policy under section 6(1)(b) (being a
liability covered by the terms of the policy) is obtained against any person insured
by the policy, then, notwithstanding that the insurer may be entitled to avoid or
cancel, or may have avoided or cancelled, the policy, the insurer shall, subject to the
provisions of this section, pay to the persons entitled to the benefit of the judgment
any sum payable thereunder in respect of the liability, including any amount payable
in respect of costs and any sum payable in respect of interest on that sum by virtue
of any law relating to interest on judgments.

(2) No sum shall be payable by an insurer under the foregoing provisions of
this section

(a)in respect of any judgment, unless before or within 7 days after the
commencement of the proceedings in which the judgment was given,
the insurer had notice of the bringing of the proceedings; or

(b)in respect of any judgment, so long as execution thereon is stayed
pending an appeal; or

(c)in connection with any liability, if before the happening of the event
which was the cause of the death or bodily injury giving rise to the
liability the policy was cancelled by mutual consent or by virtue of
any provision contained therein, and either





(i)before the happening of the said event the certificate of
insurance was surrendered to the insurer, or the person in whose
favour the certificate was issued made a statutory declaration
stating that the certificate had been lost or destroyed; or

(ii) after the happening of the said event, but before the expiration of
a period of 14 days from the taking effect of the cancellation of
the policy, the certificate was surrendered to the insurer, or the
person in whose favour the certificate was issued made such a
statutory declaration as aforesaid; or

(iii) either before or after the happening of the said event, but within
the said period of 14 days, the insurer has commenced
proceedings under this Ordinance in respect of the failure to
surrender the certificate.

(3) No sum shall be payable by an insurer under the foregoing provisions of this
section, if, in an action commenced before, or within 3 months after, the
commencement of the proceedings in which the judgment was given, he has
obtained a declaration that, apart from any provision contained in the policy, he is
entitled to avoid it on the ground that it was obtained by the non-disclosure of a
material fact, or by a representation of fact which was false in some material
particular, or, if he has avoided the policy on that ground, that he was entitled so to
do apart from any provision contained in it:

Provided that an insurer who has obtained such a declaration as aforesaid in an
action shall not thereby become entitled to the benefit of this subsection as respects
any judgement obtained in proceedings commenced before the commencement of
that action, unless before or within 7 days after the commencement of that action he
has given notice thereof to the person who is the plaintiff in the said proceedings
specifying the non-disclosure or false representation on which he proposes to rely,
and any person to whom notice of such an action is so given shall be entitled, if he
thinks fit, to be made a party thereto.

(4) If the amount which an insurer becomes liable under this section to pay in
respect of a liability of a person insured by a policy exceeds the amount for which he
would, apart from the provisions of this section, be liable under the policy in respect
of that liability, he shall be entitled to recover the excess from that person.

(5) In this section, the expression 'material' means of such a nature as to
influence the judgment of a prudent insurer in determining whether he will take the
risk, and, if so, at what premium and on what conditions; and the expression 'Tability
covered by the terms of the policy' means a liability which is covered by the policy
or which would be so covered but for the fact that the insurer is entitled to avoid or
cancel, or has avoided or cancelled, the policy.





(6) In this Ordinance, references to a certificate of insurance in any
provision relating to the surrender, or the loss or destruction, of a certificate of
insurance shall, in relation to policies under which more than one certificate is
issued, be construed as references to all the certificates, and shall, where any
copy has been issued of any certificate, be construed as including a reference to
that copy.
[cf. 1934 c. 50 s. 10 U.K.]

11.Bankruptcy, etc., of insured persons not
to affect certain claims by third parties

Where a certificate of insurance has been issued under section 6(3) in
favour of the person by whom a policy has been effected, the happening in
relation to any person insured by the policy of any such event as is mentioned in
section 2(1) or (2) of the Third Parties (Rights against Insurers) Ordinance
(Cap. 273) shall, notwithstanding anything in that Ordinance, not affect any
such liability of that person as is required to be covered by a policy under
section 6(1)(b), but nothing in this section shall affect any rights against the
insurer conferred by that Ordinance on the person to whom the liability was
incurred.
[cf. 1934 c. 50 s. 11 U.K.]

12.Avoidance of restrictions on scope of
policies covering third party risks

(1) Where a certificate of insurance has been issued under section 6(3) in
favour of the person by whom a policy has been effected, so much of the policy
as purports to restrict the insurance of the persons insured thereby by reference
to any of the following matters-
(a)the age or physical or mental condition of persons driving the
vehicle; or
(b) the condition of the vehicle; or
(c) the number of persons that the vehicle carries; or
(d)the weight or physical characteristics of the goods that the vehicle
carries; or
(e) the times at which or the areas within which the vehicle is used; or
(j) the horsepower or value of the vehicle; or
(g) the carrying on the vehicle of any particular apparatus; or
(h)the carrying on the vehicle of any particular means of
identification other than any means of identification required to
be carried by or under this Ordinance or by or under the Road
Traffic Ordinance (Cap. 374),





shall, as respects such liabilities as are required to be covered by a policy under
section 6(1)(b), be of no effect:

Provided that nothing in this section shall require an insurer to pay any sum in
respect of the liability of any person otherwise than in or towards the discharge of
that liability, and any sum paid by an insurer in or towards the discharge of any
liability of any person which is covered by the policy by virtue only of this section
shall be recoverable by the insurer from that person.

(2) Where a person uses, or causes or permits any person to use, a motor
vehicle on a road in such circumstances that under section 4(1) there is required to
be in force in relation to his use of it such a policy of insurance or such a security in
respect of third party risks as complies with the requirements of this Ordinance,
then, if any other person is carried in or upon the vehicle while the user is so using
it, any antecedent agreement or understanding between them (whether intended to
be legally binding or not) shall be of no effect so far as it purports or might be held

(a)to negative or restrict any such liability of the user in respect of
persons carried in or upon the vehicle as is required by section 6(1) to
be covered by a policy of insurance; or

(b)to impose any conditions with respect to the enforcement of any such
liability of the user,

and the fact that a person so carried has willingly accepted as his the risk of
negligence on the part of the user shall not be treated as negativing any such
liability of the user. (Added 22 of 1976s. 4. Effective from ]June 1977)

(3) For the purposes of subsection (2)

(a)references to a person being carried in or upon a vehicle include
references to a person entering or getting on to, or alighting from, the
vehicle; and

(b) the reference to an antecedent agreement is to one made at

any time before the liability arose. (Added 22 of 1976 s. 4.
Effectivefrom 1 June 1977)
[cf. 1934 c. 50 s. 12 U.K.]

13. Duty of person against whom claims are made
to give information as to insurance

(1) Any person against whom a claim is made in respect of any such liability as
is required to be covered by a policy under section 6(1)(b) shall, on demand by or
on behalf of the person making the claim, state whether or not he was insured in
respect of that liability by any policy having effect for purposes of this Ordinance, or
would have been so insured if the insurer had not avoided or cancelled the policy,
and, if he was or would have been so insured, give such particulars with respect to
that policy as were specified in the certificate of insurance issued in respect thereof
under section 6(3).





(2) If, without reasonable excuse, any person fails to comply with the
provisions of this section, or wilfully makes any false statement in reply to any
such demand as aforesaid, he shall be guilty of an offence.
[cf. 1934 c. 50 s. 13 U.K.]

14. Duty to surrender certificate on cancellation of policy

Where a certificate of insurance has been issued under section 6(3) in
favour of the person by whom a policy has been effected and the policy is
cancelled by mutual consent or by virtue of any provision in the policy, the
person in whose favour the certificate was issued shall, within 7 days from the
taking effect of the cancellation, surrender the certificate to the insurer or, if it
has been lost or destroyed, make a statutory declaration to that effect, and if he
fails so to do he shall be guilty of an offence.
[cf. 1934 c. 50 s. 14 U.K.]

15. Application of sections 10 to 14 to securities

The provisions of sections 10 to 14 inclusive shall apply in relation to
securities having effect for the purposes of this Ordinance as they apply in
relation to policies of insurance, and in relation to any such security as aforesaid,
reference in the said sections to being insured, to a certificate of insurance, to an
insurer, and to persons insured, shall be construed respectively as references to
the having in force of the security, to the certificate of security, to the giver of the
security, and to the persons whose liability is covered by the security.
[cf. 1934 c. 50 s. 15 U.K.]

16. Requirements as to production of certificate
of insurance or of security

(1) Any person driving a motor vehicle on a road shall, on being so
required by any police officer, give his name and address and the name and
address of the owner of the motor vehicle and produce his certificate, and if he
fails so to do or gives a false name or address he shall be guilty of an offence:
Provided that, if the driver of a motor vehicle within 5 days after the date
on which the production of his certificate was so required, produces the
certificate together with the policy of insurance to which such certificate relates,
in person at such police station as may have been specified by him at the time
the production of the certificate was required, he shall not be convicted under
this subsection of the ofrence of failing to produce his certificate.
(2) It shall be the duty of the owner of a motor vehicle to give such
information as he may be required by or on behalf of a police officer not below
the rank of inspector-





(a)as to the identity of the driver of the motor vehicle on any
occasion when the driver was required under subsection (1) to
produce his certificate; or
(b)for the purpose of determining whether the vehicle was or was
not being driven in contravention of section 4 on any occasion
when the driver was required under this section to produce his
certificate,
and if the owner fails to do so, he shall be guilty of an offence.
(3) If in any case where, owing to the presence of a motor vehicle on a
road, an accident occurs involving personal injury to another person, the driver
of the motor vehicle does not at any time produce his certificate to a police
officer or to some person who, having reasonable grounds for so doing, has
required its production, the driver shall report the accident at a police station as
soon as possible, and in any case within 24 hours of the occurrence of the
accident and there produce his certificate, and if he fails so to do, he shall be
guilty of an offence:
Provided that a person shall not be convicted under this subsection of the
offence of fading to produce his certificate if, within 5 days after the occurrence
of the accident, he produces the certificate in person together with the policy of
insurance to which the certificate relates at such police station as may have been
specified by him at the time the accident was reported.
(4) In this section, the expression 'produce his certificate' means produce
for examination the relevant certificate of insurance or certificate of security of
such other evidence that the motor vehicle is not or was not being driven in
contravention of section 4 as may be prescribed.
[cf. 1930 c. 43 s. 40 U.K.]

17. Forgery, etc., of certificates

(1) If, with intent to deceive, any person-
(a)forges, within the meaning of Part IX (Forgery) of the Crimes
Ordinance (Cap. 200), or uses or lends to or allows to be used
by any other person, a certificate of insurance or certificate of
security within the meaning of this Ordinance; or
(b)makes or has in his possession any document so closely
resembling such a certificate as to be calculated to deceive,
he shall be guilty of a misdemeanor.
(2) If any person for the purpose of obtaining the issue of a certificate of
insurance or of a certificate of security under this Ordinance makes any false
statement or withholds any material information, he shall be guilty of an
offence and shall be liable to a fine of $1,000 and to imprisonment for 6 months.
(3) If any person issues a certificate of insurance or certificate of security
which is to his knowledge false in any material particular, he shall be guilty of





an offence and shall be liable to a fine of $2,000 and to imprisonment for 6 months.

(4) If any police officer or the Commissioner for Transport has reasonable cause
to believe that any certificate of insurance or certificate of security produced to him
in pursuance of the provisions of this Ordinance by the driver of a motor vehicle is a
document in relation to which an offence under this section has been committed, he
may seize the document, and thereon the person producing such document shall on
being required by a police officer or the Commissioner for Transport inform him of
the means by which and the person from whom he obtained possession of such
document and it shall be an ofrence to give information which is false or withhold
material information and such person shall be liable to a fine of $1,000 and to
imprisonment for 6 months. (Amended 30 of 1967 Schedule)

(5) In this section, the expressions 'certificate of insurance' and 'certificate of
security' include any document issued under regulations made under this
Ordinance to prescribe evidence which may be produced in lieu of a certificate of
insurance or a certificate of security.

(6) Nothing in this section shall be construed to affect the liability of any
person to trial and punishment for any offence against any other enactment:

Provided that no person shall be punished twice for the same act or omission.

[cf. 1930 c. 25 s. 112 U.K.]

18. Disclosure of information to the police

Where the driver of a vehicle is alleged to be guilty of an offence under the
Ordinance-
(a)the owner of the vehicle shall give such information as he may be
required by or on behalf of the Commissioner of Police to give as to
the identity of the driver, and, if he fails to do so shall be guilty of an
offence, unless he shows to the satisfaction of the court or
magistrate that he did not know and could not with reasonable
diligence have ascertained who the driver was; and

(b)any other person shall, if required as aforesaid, give any information
which it is in his power to give and which may lead to the
identification of the driver, and, if he fails to do so, he shall be guilty
of an offence.

[cf. 1930 c. 43 s. 113 U.K.]

19. Offences and general penalty

(1) Any person on conviction of an offence under this Ordinance shall, unless a
penalty is otherwise specifically provided, be liable to a fine of $1,000 and to
imprisonment for 3 months.





(2) Where a person is, by virtue of any power contained in this Ordinance
or in any regulations made thereunder, required to do or to abstain from
doing any act or thing and makes default in complying with any such
requisition, it shall be lawful for the court or magistrate on conviction, in
addition to imposing any penalty, to order such person to comply with such
requisition and to annex to any such order any condition as to time or mode of
action or otherwise which it may think necessary to enforce compliance
therewith.
(3) Every person who makes default in complying with any such order of
the court or magistrate may, in the discretion of the court, be ordered to pay by
way of a penalty a sum not exceeding $20 for every day during which he is
thereafter in default or to be imprisoned, until he has remedied his default:
Provided that any such person shall not for such non-compliance be liable
to the payment of any sums amounting in the aggregate to more than 51,000 in
addition to any other fine or term of imprisonment to which he may otherwise
be liable.

20. Regulations

(1) The Governor in Council may make regulations for prescribing
anything which may be prescribed under this Ordinance, and generally for the
purpose of carrying this Ordinance into effect, and in particular, but without
prejudice to the generality of the foregoing provisions, may make regulations-
(a) as to the forms to be used for the purposes of this Ordinance;
(b)as to applications for, and the issue of, certificates of insurance
and certificates of security and any other documents which may
be prescribed, and as to the keeping of records of documents and
the furnishing of particulars thereof, or the giving of information
with respect thereto, and as to the furnishing of copies of
certificates of insurance and of certificates of security in respect of
the obtaining or renewal of a licence or the registering of a new
owner as owner of a motor vehicle under the Road Traffic
Ordinance (Cap. 374), and the regulations made thereunder;
(Amended 22 of 1976 s. 5)
(c)as to the issue of copies of any such certificates or other
documents which are lost or destroyed;
(d)as to the custody, production, cancellation, and surrender of any
such certificates or other documents;
(e)for providing that any provisions of this Ordinance shall, in
relation to motor vehicles registered abroad and brought into
Hong Kong for a limited period have effect subject to such
modifications and adaptations as may be prescribed; (Amended
46 of 1985 s. 5)





as to the system of accounts to be kept, and the returns to be
furnished, by insurers.

(2) Any regulation made under this Ordinance may provide that a
contravention thereof shall be an ofrence and that a person guilty of such ofrence
shall be liable to a fine of $ 100 and to imprisonment for 7 days.

[cf. 1930 c. 43 s. 41 U.K.]

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