Road Traffic (Amendment No. 2) Bill

This Act may be cited as the Road Traffic (Amendment No. 2) Act, 1970, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Section 32 of the Road Traffic Ordinance, 1961 (hereinafter in this Act referred to as “the Ordinance”) is hereby amended —(a)by inserting immediately after subsection (1) thereof the following new subsections: —“(1A) Any person who wilfully furnishes any false or misleading information under subsection (1) of this section shall be guilty of an offence under this Ordinance.(1B) A police officer may require any information to be furnished under subsection (1) of this section to be in writing signed by the person required to furnish such information.”;(b)by inserting immediately after the word “evidence” appearing in the fifth line of subsection (2) thereof the words “without proof of signature”;(c)by inserting immediately after the word “evidence” appearing in the seventh line of subsection (3) thereof the words “without proof of signature”; and(d)by inserting immediately after subsection (3) thereof the following new subsection: —“(4) Any person who is guilty of an offence under subsection (1) or (1A) of this section shall be liable on conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.”.

“(1A) Any person who wilfully furnishes any false or misleading information under subsection (1) of this section shall be guilty of an offence under this Ordinance.

A police officer may require any information to be furnished under subsection (1) of this section to be in writing signed by the person required to furnish such information.”;

“(4) Any person who is guilty of an offence under subsection (1) or (1A) of this section shall be liable on conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.”.

Section 33 of the Ordinance is hereby amended by deleting the word “fourteen” wherever it appears therein and substituting therefor in each case the word “thirty”.

Section 50 of the Ordinance is hereby amended by inserting immediately after subsection (7) thereof the following new subsection: —“(8) A police officer may arrest without warrant any person who has committed or whom he reasonably suspects to have committed an offence under this section.”.

“(8) A police officer may arrest without warrant any person who has committed or whom he reasonably suspects to have committed an offence under this section.”.

The Ordinance is hereby amended by inserting immediately after section 78 thereof the following new sections: —“Ticketing of prescribed offences78A.—(1) Where it appears to a police officer that any person has committed or is guilty of any prescribed offence to which this section applies, he may serve a prescribed notice on such person, offering such person the opportunity of the discharge of any liability to the conviction of that offence by the payment of a fixed penalty prescribed for that offence under this section; and no person shall be liable to be convicted of that offence if the fixed penalty is paid in accordance with this section before the expiration of fourteen days following the date of the notice or such longer period (if any) as may be specified therein.(2) A notice under subsection (1) of this section may be addressed to the owner or driver of the motor vehicle without stating his name or address and may be served personally or by affixing it to the motor vehicle.(3) A notice affixed to a motor vehicle under subsection (2) of this section shall not be removed or interfered with except by or under the authority of the owner or driver liable for the offence in question; and any person contravening this subsection shall be guilty of an offence under this Ordinance.(4) Payment of a fixed penalty under this section shall be made at the police station or office specified in the notice.(5) Where the amount of any fixed penalty for an alleged offence is paid pursuant to this section, no person shall be liable for any further proceedings for the alleged offence.(6) The Minister may make rules —(a)to prescribe the offences to which this section shall apply;(b)to prescribe the amount of penalty payable under this section for any prescribed offence;(c)to prescribe different amounts of penalties for different prescribed offences or for the same offence having regard to the circumstances thereof;(d)to prescribe the form of the notice; and(e)to make provision as to any matter incidental to the operation of this section.(7) The provisions of this section are supplemental to and not in derogation of any other provisions of this Ordinance.Traffic ticket summons78B.—(1) Notwithstanding the provisions of the Criminal Procedure Code (Cap. 132), proceedings for any offence prescribed under section 78A of this Ordinance may be commenced by means of a traffic ticket summons in accordance with the provisions of this section.(2) A traffic ticket summons shall be in such form as may be prescribed by the Minister and shall —(a)indicate the offence alleged to have been committed by placing an “X” in the appropriate space provided in the summons to indicate that offence; and(b)be issued and signed by a police officer not below the rank of inspector.(3) A traffic ticket summons may be served on the person alleged to have committed the offence in the manner provided by subsection (3) of section 78 of this Ordinance.(4) If the person to whom a traffic ticket summons is directed fails to appear in court in compliance with the summons, the court may, without further notice to such person, issue a warrant for his arrest.(5) The provisions of the Criminal Procedure Code shall apply to proceedings commenced by means of a traffic ticket summons issued under this section and such summons shall be deemed to be a summons for the purpose of the Criminal Procedure Code:Provided that a police officer not below the rank of inspector may, at any time before the date specified in the traffic ticket summons for the person to whom the summons is directed to appear in court, cancel the summons.”.

A notice under subsection (1) of this section may be addressed to the owner or driver of the motor vehicle without stating his name or address and may be served personally or by affixing it to the motor vehicle.

A notice affixed to a motor vehicle under subsection (2) of this section shall not be removed or interfered with except by or under the authority of the owner or driver liable for the offence in question; and any person contravening this subsection shall be guilty of an offence under this Ordinance.

Payment of a fixed penalty under this section shall be made at the police station or office specified in the notice.

Where the amount of any fixed penalty for an alleged offence is paid pursuant to this section, no person shall be liable for any further proceedings for the alleged offence.

The Minister may make rules —(a)to prescribe the offences to which this section shall apply;(b)to prescribe the amount of penalty payable under this section for any prescribed offence;(c)to prescribe different amounts of penalties for different prescribed offences or for the same offence having regard to the circumstances thereof;(d)to prescribe the form of the notice; and(e)to make provision as to any matter incidental to the operation of this section.

The provisions of this section are supplemental to and not in derogation of any other provisions of this Ordinance.

A traffic ticket summons shall be in such form as may be prescribed by the Minister and shall —(a)indicate the offence alleged to have been committed by placing an “X” in the appropriate space provided in the summons to indicate that offence; and(b)be issued and signed by a police officer not below the rank of inspector.

A traffic ticket summons may be served on the person alleged to have committed the offence in the manner provided by subsection (3) of section 78 of this Ordinance.

If the person to whom a traffic ticket summons is directed fails to appear in court in compliance with the summons, the court may, without further notice to such person, issue a warrant for his arrest.

The provisions of the Criminal Procedure Code shall apply to proceedings commenced by means of a traffic ticket summons issued under this section and such summons shall be deemed to be a summons for the purpose of the Criminal Procedure Code:Provided that a police officer not below the rank of inspector may, at any time before the date specified in the traffic ticket summons for the person to whom the summons is directed to appear in court, cancel the summons.”.

Where it appears to a police officer that any person has committed or is guilty of any prescribed offence to which this section applies, he may serve a prescribed notice on such person, offering such person the opportunity of the discharge of any liability to the conviction of that offence by the payment of a fixed penalty prescribed for that offence under this section; and no person shall be liable to be convicted of that offence if the fixed penalty is paid in accordance with this section before the expiration of fourteen days following the date of the notice or such longer period (if any) as may be specified therein.

Notwithstanding the provisions of the Criminal Procedure Code (Cap. 132), proceedings for any offence prescribed under section 78A of this Ordinance may be commenced by means of a traffic ticket summons in accordance with the provisions of this section.

—(1) Notwithstanding the provisions of the Criminal Procedure Code (Cap. 132), proceedings for any offence prescribed under section 78A of this Ordinance may be commenced by means of a traffic ticket summons in accordance with the provisions of this section.(2) A traffic ticket summons shall be in such form as may be prescribed by the Minister and shall —(a)indicate the offence alleged to have been committed by placing an “X” in the appropriate space provided in the summons to indicate that offence; and(b)be issued and signed by a police officer not below the rank of inspector.(3) A traffic ticket summons may be served on the person alleged to have committed the offence in the manner provided by subsection (3) of section 78 of this Ordinance.(4) If the person to whom a traffic ticket summons is directed fails to appear in court in compliance with the summons, the court may, without further notice to such person, issue a warrant for his arrest.(5) The provisions of the Criminal Procedure Code shall apply to proceedings commenced by means of a traffic ticket summons issued under this section and such summons shall be deemed to be a summons for the purpose of the Criminal Procedure Code:Provided that a police officer not below the rank of inspector may, at any time before the date specified in the traffic ticket summons for the person to whom the summons is directed to appear in court, cancel the summons.”.

Notwithstanding the provisions of the Criminal Procedure Code (Cap. 132), proceedings for any offence prescribed under section 78A of this Ordinance may be commenced by means of a traffic ticket summons in accordance with the provisions of this section.

A traffic ticket summons shall be in such form as may be prescribed by the Minister and shall —(a)indicate the offence alleged to have been committed by placing an “X” in the appropriate space provided in the summons to indicate that offence; and(b)be issued and signed by a police officer not below the rank of inspector.

A traffic ticket summons may be served on the person alleged to have committed the offence in the manner provided by subsection (3) of section 78 of this Ordinance.

If the person to whom a traffic ticket summons is directed fails to appear in court in compliance with the summons, the court may, without further notice to such person, issue a warrant for his arrest.

The provisions of the Criminal Procedure Code shall apply to proceedings commenced by means of a traffic ticket summons issued under this section and such summons shall be deemed to be a summons for the purpose of the Criminal Procedure Code:Provided that a police officer not below the rank of inspector may, at any time before the date specified in the traffic ticket summons for the person to whom the summons is directed to appear in court, cancel the summons.”.

The provisions of the Ordinance specified in the first column of the Schedule to this Act are hereby amended in the manner set out in the second column of the said Schedule.