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Chapter: | 374
| Title: | ROAD TRAFFIC ORDINANCE | Gazette Number: | L.N. 2 of 2012 |
| Section: | 39P | Heading: | Provision of specimen for drug analysis | Version Date: | 15/03/2012 |
Caution : This is a past version. See the current version for the latest position.
(1) A police officer may require a person to provide a specimen of blood or urine, or specimens both of blood and urine, for a laboratory test, if the results of the Rapid Oral Fluid Test carried out on the person indicate that any concentration of a specified illicit drug is present in his or her oral fluid.
(2) An authorized police officer who has carried out an Impairment Test on a person may require the person to provide a specimen of blood or urine, or specimens both of blood and urine, for a laboratory test, if the police officer is of the opinion that the results of the Impairment Test indicate that his or her ability to drive properly is for the time being impaired.
(3) A police officer may require a person on whom a preliminary drug test could not be carried out due to a medical reason or any other reasonable cause, to provide a specimen of blood or urine, or specimens both of blood and urine, for a laboratory test, if the police officer has reasonable cause to suspect that—
(a) any concentration of a specified illicit drug is present in his or her blood, urine or oral fluid; or
(b) he or she is under the influence of any drug.
(4) A requirement to provide any specimen under subsection (1), (2) or (3) can only be made at a breath test centre, a police station or a hospital.
(5) A police officer or an authorized police officer who makes a requirement under subsection (1), (2) or (3) must decide whether the specimen is to be of blood or urine or whether both blood and urine specimens are to be taken, but if a medical practitioner is of the opinion that for medical reasons a specimen of blood cannot or should not be taken, only a specimen of urine may be taken.
(6) A specimen of blood under subsection (1), (2) or (3) may only be taken by a medical practitioner, a registered nurse or an enrolled nurse, specified by a police officer in each case.
(7) A person must provide the specimen of urine within 1 hour of being required to provide it.
(8) A police officer or an authorized police officer who makes a requirement under this section must warn the person at the time of requiring the specimen that a failure to provide it may render him or her liable to prosecution.
(9) Subject to section 39Q, a specimen of blood must not be taken from a person unless he or she consents to its being taken and it is so taken.
(10) Evidence that a specimen of blood was taken from the accused person with his or her consent by a medical practitioner, a registered nurse or an enrolled nurse may be given by the production of a document certifying that fact and purporting to be signed by the medical practitioner, the registered nurse or the enrolled nurse.
(11) Evidence that a specimen of urine was taken from the accused person by a police officer or a medical practitioner may be given by the production of a document certifying that fact and purporting to be signed by the police officer or the medical practitioner.
(12) In this section—
enrolled nurse (登記護士) has the meaning given by section 2(1) of the Nurses Registration Ordinance (Cap 164);
registered nurse (註冊護士) has the meaning given by section 2(1) of the Nurses Registration Ordinance (Cap 164).(Added 24 of 2011 s. 14)