Chapter:	374	Title:	Road Traffic Ordinance	Gazette Number:	E.R. 2 of 2012
Section:	39R	Heading:	Evidence of analysis of specimens	Version Date:	02/08/2012

(1) A specimen of blood or urine taken under section 39P or 39Q may also be used for a laboratory test for alcohol (in addition to a test for any drug) in connection with an alleged offence under section 39J, 39K or 39L.
(2) Evidence of the concentration of a drug, or the concentration of a drug and the proportion of alcohol, in a specimen of blood or urine taken under section 39P or 39Q may be given by the production of a document purporting to be a certificate under section 25 of the Evidence Ordinance (Cap 8) as to the concentration of the drug, or the concentration of the drug and the proportion of alcohol, in the specimen of blood or urine identified in the certificate.
(3) Evidence of the presence of a drug, or the presence of a drug and the proportion of alcohol, in a specimen of blood or urine taken under section 39P or 39Q may be given by the production of a document purporting to be a certificate under section 25 of the Evidence Ordinance (Cap 8) as to the presence of the drug, or the presence of the drug and the proportion of alcohol, in the specimen of blood or urine identified in the certificate.
(4) Evidence of the concentration of a drug, or the concentration of a drug and the proportion of alcohol, in a specimen of blood or urine provided by the accused person is evidence that the concentration of the drug, or the concentration of the drug and the proportion of alcohol, in the blood or urine of the accused person at the time of the alleged offence was not less than that in the specimen.
(5) Evidence of the presence of a drug, or the presence of a drug and the proportion of alcohol, in a specimen of blood or urine provided by the accused person is evidence of the presence of the drug, or the presence of the drug and the proportion of alcohol, in the blood or urine of the accused person at the time of the alleged offence.
(6) If at the time a specimen of blood or urine was provided by an accused person under section 39P, he or she asked to be provided with a part of the specimen of blood or urine or a part of each specimen (if both blood and urine specimens are provided by the accused person), evidence of the concentration of or the presence of a drug, or the concentration of or the presence of a drug and the proportion of alcohol, found in the specimen is not admissible on behalf of the prosecution unless¡X

(a) the specimen in which the drug or the drug and alcohol was found is one of 2 parts into which the specimen provided by the accused person was divided at the time it was provided; and
(b) the other part was supplied to the accused person.

(a) the specimen in which the drug or the drug and alcohol was found is one of 2 parts into which the specimen taken from the accused person was divided at the time it was taken; and
(b) the other part was supplied to the accused person.