Cap 109 s 46AA Disqualification order for

Contents of Section

Chapter:	109	Title:	DUTIABLE COMMODITIES ORDINANCE	Gazette Number:	23 of 2008
Section:	46AA	Heading:	Disqualification order for hydrocarbon oil offences	Version Date:	04/07/2008

(1) This section applies to any offence-

(a) under section 17(1) or (6) in respect of hydrocarbon oil; or

(b) under regulation 5A, 5B or 9 of the Dutiable Commodities (Marking and Colouring of Hydrocarbon Oil) Regulations (Cap 109 sub. leg. C),

if the person concerned commits the offence in respect of hydrocarbon oil in the fuel tank of a vehicle used by the person or if the person concerned uses a vehicle in the course of commission of the offence. An offence to which this section applies is referred to in this section as a "relevant offence".
(2) The court or magistrate, on convicting a person of a relevant offence, shall order the person to be disqualified for a period of-

(a) 6 months, if the person has one previous conviction of any relevant offence;

(b) not less than 6 months, if the person has two or more previous convictions of any relevant offences,

whether the present and previous convictions relate to offences under the same provision or under two or more different provisions referred to in subsection (1). This subsection does not apply to a previous conviction of an offence that was committed before the commencement of section 6 of the Dutiable Commodities (Amendment) Ordinance 2000 (57 of 2000).
(3) An order of disqualification under this section may be taken into account in determining any other penalty for the offence.
(4) The court or magistrate may deal with an offence as a first offence if a period of 5 years has elapsed since the person's last conviction of any relevant offence.
(5) If satisfied that there are special reasons for doing so, the court or magistrate may order that a person to which subsection (2) applies to be disqualified for a period shorter than 6 months or that the person not be disqualified.
(6) The following provisions apply to disqualification under this section as they apply to disqualification under the Road Traffic Ordinance (Cap 374), namely-

(a) (i) section 44 (offence of obtaining licence, or driving, while disqualified);

(ii) section 71 (notification and effect of, and appeal against, disqualification);

(iii) section 72 (removal of disqualification) (except that a reference in subsection (5) of that section to the Commissioner of Police shall be treated as a reference to the Commissioner of Customs and Excise); and

(iv) section 111 (forgery of documents),

of the Road Traffic Ordinance (Cap 374); and

(b) (i) regulation 6 (restrictions on issue of driving licences);

(ii) regulation 10 (applications for full driving licences);

(iii) regulation 12B (application to take a motor cycle driving test);

(iv) regulation 31 (application to take a driving test);

(v) regulation 35 (procedure on disqualification);

(vi) regulation 37 (visiting drivers from abroad);

(vii) regulation 38 (application of other provisions to visiting drivers);

(viii) regulation 39 (record of driving licences and permits);

(ix) regulation 45 (right of review); and (Amended 23 of 2008 s. 65)

(x) the Seventh Schedule (particulars of record),

of the Road Traffic (Driving Licences) Regulations (Cap 374 sub. leg. B).

(7) The power to order disqualification under this section does not affect the power to order disqualification under any other Ordinance.
(8) In any proceedings for a relevant offence, a certificate stating-

(a) that the person named in it was convicted of the relevant offence specified in it and whether the person committed the offence in respect of hydrocarbon oil in the fuel tank of a vehicle used by the person or the person concerned used a vehicle in the course of commission of the offence;

(b) the date on which the person was so convicted; and

and purporting to be signed by or on behalf of the Commissioner shall be admitted in evidence for the purpose of this section on its production without further proof; and-

(i) until the contrary is proved, the court or magistrate shall presume that the certificate is so signed; and

(ii) the certificate shall be prima facie evidence of the facts stated therein.

(9) In this section-
"disqualified" (取消駕駛資格) means disqualified from holding or obtaining a driving licence;
"driving licence" (駕駛執照) means a driving licence issued under the Road Traffic Ordinance (Cap 374);
"special reasons" (特別理由) means-

(a) special reasons that relate to the offence; or

(b) in exceptional circumstances, special reasons that relate to the offender or to such other circumstance as the court or magistrate may consider relevant.

(Added 57 of 2000 s. 6)