Wednesday, February 20, 2008

Duty to stop in case of accidents - Road Traffic Ordinance (CAP 374) Section 56

Extracted from Sing Tao News:

...現時法例存有灰色地帶,若司機已將車停下,只要他二十四小時內向警方投案,未必可追究其離開現場的責任,還有可能被人乘機洗脫醉駕嫌疑。

律師梁永鏗表示,根據《道路交通條例》三七四章第五十六條「發生意外時停車的責任」列明,若交通意外涉及公物壞和有人受傷,肇事司機須即時停車。不過,法例並沒規定司機必須留在現場,只要在二十四小時內向警方報告意外,便不算違法,否則可被判罰款一萬元及入獄一年。...

http://hk.news.yahoo.com/080219/60/2p4kh.html

Chapter: 374
Title: ROAD TRAFFIC ORDINANCE
Section: 56

Duty to stop in case of accidents

Version Date:
30/06/1997

PART VII

ACCIDENTS

(1) Where, owing to the presence of a vehicle on a road, an accident occurs whereby-
(a) personal injury is caused to a person other than the driver of that vehicle; or (b) damage is caused to-
(i) a vehicle other than that vehicle or a trailer drawn thereby;
(ii) an animal other than an animal in or on that vehicle or a trailer drawn thereby; or
(iii) any other thing not being in or on that vehicle or a trailer drawn thereby,the driver of that vehicle shall stop.(2) In the case of any such accident, the driver of the vehicle shall, if required, give to any police officer or to any person having reasonable grounds for so requiring the following particulars-
[cf. 1972 c. 20 s. 25(2) U.K.]

(a) his name and address;
(b) the name and address of the owner of the vehicle; and
(c) the registration or identification mark or number of the vehicle.

(2A) If, in the case of an accident referred to in subsection (1)(b), the driver of the vehicle for any reason does not give the particulars mentioned in subsection (2), he shall report the accident in person at the nearest police station or to any police officer as soon as reasonably practicable, and in any case not later than 24 hours after the accident. (Added 66 of 1984 s. 7)

(3) If the accident involves injury to any person including the driver, the driver shall report the accident in person at the nearest police station or to any police officer as soon as reasonably practicable, and in any case not later than 24 hours after the accident, unless the driver is incapable of doing so by reason of injuries sustained by him in the accident. [cf. 1972 c. 20 s. 25
(3) U.K.]

(4) In this section "animal" (動物) means any horse, cattle, ass, mule, sheep, pig or goat. [cf. 1972 c. 20 s. 25(4) U.K.]

(5) A person who contravenes subsection (1) commits an offence and is liable to a fine of $10000 and to imprisonment for 12 months.

(6) A person who contravenes subsection (2), (2A) or (3) or who knowingly makes a false statement in supplying particulars under subsection (2) commits an offence and is liable to a fine of $15000 and to imprisonment for 6 months.
(Amended 66 of 1984 s. 8)

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