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II. Careless Driving

A relatively serious but commonly seen offence involving driving is “careless driving”.  But how carelessly has to be one drive in order to constitute “careless driving”?

 

According to section 38(2) of the Road Traffic Ordinance (Cap.374 of the Laws of Hong Kong), a person drives carelessly “if on a road he drives a vehicle without due care and attention or without reasonable consideration for other persons using the road”.  Therefore, the essential question to ask is: what exactly is “without due care and attention” or “without reasonable consideration for other persons using the road”?