ROAD TRAFFIC (DRIVING-OFFENCE POINTS) ORDINANCE

ROAD TRAFFIC (DRIVING-OFFENCE POINTS) ORDINANCE

LAWS OF HONG KONG

ROAD TRAFFIC (DRIVING-OFFENCE POINTS)

ORDINANCE

CHAPTER 375





CHAPTER 375

ROAD TRAFFIC (DRIVING-OFFENCE POINTS) ORDINANCE

ARRANGEMENT OF SECTIONS
Section
Page

1. Short title ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2
2. Interpretation ...
... ... ... ... ... ... ... ... ... ... ... ... ... 2
3. Register of points ... ... ... ... ... ... ... ... ... ... ... ... ... ... 3
4. Recording of points ... ... ... ... ... ... ... ... ... ... ... ... ... 3
5. Appeal against conviction ... ... ... ... ... ... ... ... ... ... ... ... 3
6. Cancellation of points ... ... ... ... ... ... ... ... ... ... ... ... ... 4
7. Notice of points ...
... ... ... ... ... ... ... ... ... ... ... ... ... 4
8. Disqualification ...
... ... ... ... ... ... ... ... ... ... ... ... ... 4
9. Evidence ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 5
10. Deposit of driving licence ... ... ... ... ... ... ... ... ... ... ... ... 6

11. Notice of order ... ... ... ... ... ... ... ... ... ... ... ... ... ... 7

12. Offence and penalty ...
... ... ... ... ... ... ... ... ... ... ... ... 7

13. Correction of record ... ... ... ... ... ... ... ... ... ... ... ... ... 7

14. Service ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 7

15. Delegation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 7

16. Procedure ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 7

17. Application to persons in public service of the Crown ... ... ... ... ... ... 8

Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 8





CHAPTER 375

ROAD TRAFFIC (DRIVING-OFFENCE POINTS)

To provide for the recording of points in relation to various road traffic
offences connected with road safety, for the disqualification from driving of
persons in respect of whom a certain number of points have been
recorded andfor connected purposes.

[25 August 1984.]

1. This Ordinance may be cited as the Road Traffic (Drivingoffence
Points) Ordinance.

2. (1) In this Ordinance, unless the context otherwise requires

'Commissioner' means the Commissioner for Transport;

'drive' means, in relation to a motor vehicle, to be in charge of or assist in
controlling a motor vehicle;

'driving licence' means a driving licence issued under the Road Traffic
Ordinance;

'fixed penalty' means a fixed penalty incurred under the Fixed Penalty
(Criminal Proceedings) Ordinance;
'motor vehicle' has the meaning assigned to it by the Road Traffic Ordinance;

'points' means driving-offence points incurred under this Ordinance;

'register of points' means the register of points mentioned in section 3;

'Scheduled offence' means an offence mentioned in the Schedule.

(2) For the purposes of this Ordinance, a person becomes
liable to a fixed penalty
when he pays the fixed penalty in accordance with a
notice served on him under section 3(3) of the Fixed Penalty (Criminal
Psolceedings) Ordinance or when he is ordered to pay a fixed penalty under
section 3A of that Ordinance.

(3) The provision of the enactment mentioned in the second column of
the Schedule shall be deemed to include any other provision of that enactment
which makes the conduct or omission concerned an offence.





3. (1) The Commissioner shall maintain a register of points in which
he shall record

(a)the name, and such further particulars as he thinks fit, of a
person who has incurred points;

(b) the number of points incurred by him;

(c)the offence in respect of which the points have been incurred;

(d)the date when the points were incurred under section 4(1) or
5;

(e)the date of the commission of the offence in respect of which
the points were incurred; and

such other information as he thinks fit.

(2) A document issued under section 75 of the Road Traffic
Ordinance may contain an extract from the register of points and that
section shall apply to that extract as if that extract was a record of a
conviction compiled and maintained by the Commissioner of Police
under that section.

(3) The Commissioner may cancel any entry in the register of
points in respect of points incurred more than 5 years before,

4. (1) Subject to section 6(2), where a person-

(a) is convicted of a scheduled offence; or

(b)becomes liable to a fixed penalty in respect of a scheduled
offence,

he shall incur the appropriate number of points in respect of that
offence.

(2) The appropriate number of points in respect of each .scheduled
offence is that set out opposite that offence in the Schedule.

(3) The Legislative Council may, by resolution, amend the
Schedule.

5. (1) Where an appeal against a conviction for manslaughter is
allowed to the extent of substituting a conviction for a scheduled
offence, the Commissioner shall record the appropriate number of points
in respect of that scheduled offence in the register ,of points; and the
appellant shall incur that number of points on the !date the appeal is so
allowed.

(2) Where a person appeals against a conviction for a scheduled
offence, the points incurred in respect of that offence shall be of no
effect until the appeal is determined and then shall have effect subject
to subsections (3) and (4).

(3) Where an appeal against a conviction for a scheduled offence
is allowed, the points incurred in respect of that conviction





shall have no effect and the Commissioner shall cancel the entry in the
register of points in respect of that conviction.

(4) Where an appeal against a conviction for a scheduled offence is
allowed to the extent of substituting a conviction for another scheduled
offence, the Commissioner shall amend the entry. in the register of
points to record a conviction in respect of that other scheduled offence
and the appropriate number of points; and the appellant shall incur that
number of points on the date the appeal is so allowed.

6. (1) Where a person is disqualified from holding or obtaining a
driving licence under section 8, the Commissioner shall cancel those
entries in respect of that person in the register of points which relate to
the offences mentioned in subsection (1) of that section and the points
incurred in respect of those offences shall have no effect.

(2) Where a person, on being convicted of a scheduled offence, is
disqualified under the Road Traffic Ordinance from holding or obtaining
a driving licence

(a)no points shall be incurred in respect of that offence or any
other offence of which he is convicted on the same occasion;
and

(b)the Commissioner shall cancel any entries in respect of that
person in the register of points which relate to offences
committed before the commission of the offence in respect of
which that person is disqualified and the points incurred in
respect of those offences shall have no effect.

7. (1) Subject to sections 5 and 6, where 8 or more, but less

than 15, points have beenby a person, the Commissioner
shall serve on that person a notice informing him- (Amended,
44 of 1986, s. 2)

(a) of the number of points incurred by him; and

(b)that if 15 or more points are incurred by him in respect of
offences which are committed within a period of 2 years of
each other, he will be disqualified from holding or obtaining a
driving licence. (Amended, 63 of 1983, s. 2)

(2) The operation of section 8 shall not be affected by a failu re to
comply with subsection (1).

8. (1) Subject to sections, 5 and 6, where 15 or more points have
been incurred by a person in respect of offences which were committed
within a period of 2 years of each other, he shall be liable to be
disqualified from holding or obtaining a driving licence in accordance
with this section.

(2) Where the circumstances mentioned in subsection (1) arise in
relation to any person, the Commissioner shall- apply to a magistrate by
way of complaint for the issue of a summons and a summons may be
issued specifying the date of the commission of,





and the number of points incurred in respect of, each offence
mentioned in subsection (1).

(3) Upon the hearing of the summons and upon being satisfied
that the circumstances set out in subsection (1) apply to the person on
whom the summons was served, the magistrate shall order him to be
disqualified from holding or obtaining a driving licence

(a)for a period of 3 months from the date of the order if no
previous disqualification has been imposed on him under this
Ordinance; and

(b)for a period of 6 months from the date of the order if any
previous disqualification has been imposed on him under this
Ordinance,

unless the magistrate is satisfied, having regard to all the circumstances
not excluded by subsection (4), that there are grounds to order a
shorter period of disqualification or not to order him to be disqualified.

(4) No account shall be taken under subsection (3) of-

(a)any circumstances that are alleged to make the offence not a
serious one;

(b) hardship, other than exceptional hardship; or

(e)any circumstances which, within 2 years immediately
preceding the issue of the summons under subsection (2),
have been taken into account under subsection (3) in ordering
a shorter period of disqualification or not ordering a
disqualification. (Amended, 63 of 1983, s. 3)
(5) Where 2 or more of the offences mentioned in subsection
(1) are constituted by the same, or substantially the same, act, the
magistrate shall for for the purposes of calculating whether 15 or more
points have bee

(a)take into account only that offence attracting the highest number
of points; or

(b) where those offences each attract the same number of points, take
into account only one of those offences.

(6) Any disqualification imposed under subsection (3) shall apply
to the driving of all classes of motor vehicles shown on the driving
licence.

(7) Where a person is disqualified under this section, his

driving licenc shall be of no effect so long as the disqualification
continues in force.

(8) A driving licence obtained by a person who is disqualified

under this section shall be of no effect.

(1) A certificate stating-

(a)that the person named in it was convicted of, or became liable
to fixed penalties in respect of, the scheduled offences
specified;





(b)the dates upon which the person was convicted or became liable to
the fixed penalties;

(e)the dates of the commission of the offences in respect of which the
person was convicted or became liable to the fixed penalties; and

(d)the number of points incurred in respect of each of the offences,

and purporting to be signed by or on behalf of the Commissioner shall be
admitted in any proceedings under section 8 on its production without further
proof, and

(i)until the contrary is proved, the magistrate shall presume that the
certificate is so signed;

(ii)until the contrary is proved, the magistrate shall presume that the
person named in the certificate is the person named in the
proceedings; and

(iii)the certificate shall be prima facie evidence of the facts stated
therein.

(2) Where a person on whom a summons is served under section 8 alleges
that a certificate mentioned in this section is incorrect, the magistrate shall give
him an opportunity to apply to the Commissioner under section 13 and may
adjourn the hearing for this purpose.

(3) A certificate stating that-

(a)the person named in it was disqualified from holding or obtaining a
driving licence under section 8 of this Ordinance;

(b)the date upon which such disqualification was imposed; and

(e) the period of such disqualification, and purporting to be signed by or
on behalf of the Commissioner shall be admitted in any proceedings before any
court without further proof, and

(1)until the contrary is proved, the court shall presume that the
certificate is so signed;

(ii)until the contrary is proved, the court shall presume that the person
named in the certificate is the person named in the proceedings; and

(iii)the certificate shall be prima facie evidence of the facts stated
therein.

10. Where a magistrate makes an order under section 8 that a person shall
be disqualified from holding or obtaining a driving licence and at the date of
such order the person holds a driving licence, he shall deposit the licence with
the magistrate within 72 hours of the making of the order or such longer period
as the magistrate may determine.





11. Where a magistrate orders under section 8 that a person shall
be disqualified from holding or obtaining a driving licence, the
magistrate shall forthwith cause notice of the order to be sent to the
Commissioner and the Commissioner of Police and if such person at the
date of the order held a driving licence, shall cause such driving licence
to be forwarded to the Commissioner as soon as it is produced to the
magistrate in accordance with section 10.



12. (1) Any person against whom an order under section 8 is made
who fails, without reasonable excuse, to comply with section 10
commits an ofrence and is liable to a fine of $3,000 and to imprisonment
for 1 month.

(2) If a person disqualified under this Ordinance from holding or
obtaining a driving licence

(a)applies for or obtains a driving licence while he is so
disqualified; or

(b) while he is so disqualified drives a motor vehicle,

he commits an offence and is liable to a fine of $10,000 and to
imprisonment for 12 months.

13. (1) Where the Commissioner is of the opinion that an entry in
the register of points in respect of any person is incorrect, he shall, after
consultation with the Commissioner of Police, rectify the register and
shall in writing notify that person of the rectification.

(2) Any person, who considers that an entry in the register of
points in respect of him is incorrect, may apply, with such information
as the Commissioner may require, for rectification of the register.

(3) Upon receipt of any application under subsection (2), the
Commissioner shall examine the register of points and if he is satisfied

(a) that the register is correct, refuse to rectify it; or

(b) that the register is incorrect, rectify it,

and shall in writing notify the applicant of his decision.

14. Any notice required under this Ordinance to be given to any
person may be served on him in person or by forwarding it by
registered post or recorded mail to him at his address shown in the
record of driving licences kept by the Commissioner under the Road
Traffic Ordinance.

15. The Commissioner may delegate any of his functions under
this Ordinance to any public officer.

16. (1) Where a summons has been served on a person under
section 8 a reasonable time before the hearing and that person fails





to appear at the hearing, the magistrate may proceed to deal with the
matter in the absence of that person.

(2) Subject to subsection (1), the Magistrates Ordinance shall
apply, with any necessary adaptations and as far as it is consistent
with this Ordinance, to proceedings under this Ordinance as it applies
to proceedings in respect of a summary offence.

17. This Ordinance shall apply to persons in the public service of
the Crown.

Originally 28 of 1983. 63 of 1983. 44 0f 1986. L.N. 295/84. Short title. Interpretation. (Cap. 374.) (Cap. 240.) Schedule. (Cap. 240.) Schedule. Register of points. (Cap. 374) Recording of points. Schedule. Appeal against conviction. Cancellation of points. (Cap. 374.) Notices of points. Disqualification. Evidence. Deposit of driving licence. Notice of order. Offence and penalty. Correction of record. Service. (Cap. 374.) Delegation. Procedure. (Cap. 227.) Application to persons in public service of the Crown. (Cap. 374.) (Cap. 374, sub. leg.)

Originally 28 of 1983. 63 of 1983. 44 0f 1986. L.N. 295/84. Short title. Interpretation. (Cap. 374.) (Cap. 240.) Schedule. (Cap. 240.) Schedule. Register of points. (Cap. 374) Recording of points. Schedule. Appeal against conviction. Cancellation of points. (Cap. 374.) Notices of points. Disqualification. Evidence. Deposit of driving licence. Notice of order. Offence and penalty. Correction of record. Service. (Cap. 374.) Delegation. Procedure. (Cap. 227.) Application to persons in public service of the Crown. (Cap. 374.) (Cap. 374, sub. leg.)

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