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Chapter:

520 PDFTitle:DISCOVERY BAY TUNNEL LINK ORDINANCEGazette Number:
Section:29Heading:Powers of tunnel officersVersion Date:30/06/1997

(1) A tunnel officer may, in the tunnel area, take any action specified in subsection (3) for the purpose of-

        (a) regulating traffic; or
        (b) preventing the commission of an offence.
(2) If a tunnel officer-
        (a) reasonably suspects that an offence has been committed; or
        (b) reasonably believes that a driver has been involved in an accident,
he may, in the tunnel area, take any action specified in subsection (3).
(3) The action a tunnel officer may take for the purposes of subsection (1) or (2) is as follows-
        (a) he may direct a driver to stop the vehicle or to proceed to any place in the tunnel area indicated by the tunnel officer and to stop there;
        (b) he may stop any vehicle which has entered the tunnel area or prevent any such vehicle from entering that area;
        (c) he may require a driver to produce his driving licence;
        (d) he may require a driver to furnish the name and address of the registered owner of the vehicle being driven by him where that information is within his knowledge;
        (e) he may require any person whom a tunnel officer reasonably believes to have witnessed any accident or the commission of an offence, to furnish to him his name and address;
        (f) he may detain, if necessary by the use of reasonable force, a driver, a vehicle or both until they are delivered into the custody of a police officer.
(4) A person who obstructs a tunnel officer in the exercise of the powers conferred on him by or under this Ordinance or who fails to comply with a direction or requirement made under subsection (3) commits an offence.
(5) A person who commits an offence under subsection (4) is liable to a fine at level 2.
(6) The powers given to a tunnel officer under this section-
        (a) are without prejudice to section 63 of the Road Traffic Ordinance (Cap 374); and
        (b) are in addition to any powers conferred on a tunnel officer by regulations made under section 28.
(7) In this section-
        (a) "driver" (司機) in relation to any motor vehicle, means any person who is in charge of or assisting in the control of such vehicle;
        (b) "driving licence" (駕駛執照) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap 374);
        (c) "registered owner" (登記車主) has the meaning assigned to it by section 2 of the Road Traffic Ordinance (Cap 374);
        (d) "offence" (罪行) means (other than in subsections (4) and (5)) an offence against the Road Traffic Ordinance (Cap 374) or under the bylaws made under section 30.