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Chapter: | 594
 | Title: | TSING SHA CONTROL AREA ORDINANCE | Gazette Number: | L.N. 27 of 2008 |
| Section: | 14 | Heading: | Obligation to give information | Version Date: | 21/03/2008 |
(1) In this section, “specified offence” (指明罪行) means an offence under this Ordinance, the Road Traffic Ordinance (Cap 374) or the Road Traffic (Driving-offence Points) Ordinance (Cap 375).
(2) If an authorized officer suspects that the driver of a vehicle has committed a specified offence in the Control Area, the officer may, within 6 months after the date of the alleged offence—
(a) require the person suspected of being the driver of the vehicle at the time of the alleged offence to give his name, address and driving licence number; and
(b) require any other person, including the registered owner of the vehicle, to give the following particulars—
(i) the name, address and driving licence number of the person who was the driver of the vehicle at the time of the alleged offence; and
(ii) his relationship (if any) to the driver.
(3) A requirement made of a person under subsection (2) may be made orally or by means of a notice served personally or by post on him.
(4) If an authorized officer makes an oral requirement under subsection (2) of a person—
(a) if that person was the driver of the vehicle at the time of the alleged offence, he shall give his name, address and driving licence number to the authorized officer; or
(b) if that person was not the driver of the vehicle at the time of the alleged offence, he shall give the information required under subsection (2) either orally or in writing within 21 days after the date of the requirement to an authorized officer specified by the authorized officer who made the requirement.
(5) If a requirement under subsection (2) is made of a person by means of a notice, he shall—
(a) make a written statement, in such form as may be specified in the notice, giving the name, address and driving licence number of the person who was the driver of the vehicle at the time of the alleged offence and his relationship (if any) to the driver;
(b) sign the statement; and
(c) provide, within 21 days of the service of the notice on him, the statement to an authorized officer specified in the notice.
(6) Subject to subsection (7), a person who fails to comply with a requirement made of him under subsection (2) in accordance with subsection (4) or (5) commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months.
(7) In any proceedings for an offence under subsection (6), it is a defence for the person charged to prove that he did not know, and could not with reasonable diligence have ascertained, the name, address or driving licence number, as may be applicable, of the person who was the driver of the vehicle at the time of the alleged offence.