Driving under the Influence of Drink or Drugs
Choosing a subtopic
- Driving
- Careless Driving
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Dangerous Driving
- 1. “dangerous”
- 2. obvious to a competent and careful driver that driving in that way would be dangerous
- 3. Some typical examples of dangerous driving
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4. Proof of dangerous driving
- Case Study: Ms. R drove through 2 red lights at the speed of 100 km per hour and then collided with a stationary vehicle on the opposite side of the road. Upon being charged with dangerous driving, Ms. R argued that trees blocked her view of the red lights, and then she lost control of the vehicle and it dashed into the other side of the road although she had tried her best to keep it on the right side of the road. Assuming that is true, would Ms. R be able to get away with the charge?
- Case Summary: A traffic accident causing serious consequences of damage to property and even injury or death to a person does not necessarily mean ‘dangerous driving’ (HKSAR v Lam Chi Fat)
- 5. Sentences
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Driving under the Influence of Drink or Drugs
- 1. Elements of the offence
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2. Obligation to submit to screening breath tests and provide specimens for analysis
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a. Obligation to submit to a screening breath test
- 1. Mr. D, while driving, was stopped by the police for a random breath test. Mr. D, who had just attended a rave party, was perfectly aware that the alcohol level in his body definitely exceeded the statutory prescribed limit. In the hope of getting away with the charge of drink driving under section 39 or 39A of the Road Traffic Ordinance (Cap.374 of the Laws of Hong Kong), he made up an excuse: “The breath test tools may be infectious” and refused to take the screening breath test. Would his plan work?
- 2. Ms. D had a few drinks at a bar and then drove home. She was stopped on the way by the police for a random breath test. Ms. D knew that she couldn’t refuse to do the test. But she deliberately blew around the mouth piece instead of into it. Would her plan work?
- b. Obligation to undergo drug test
- c. Obligation to provide specimens for analysis
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a. Obligation to submit to a screening breath test
- 3. Sentence
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Some other offences
- 1. Related to driving licences
- 2. Related to registration marks and vehicle licences
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3. Related to traffic lights and signs
- Q1. What should drivers and pedestrians do when the light signal is not working?
- Q2. I am a visually impaired person. I crossed the road without noting that the pedestrian light was on red. I am charged with jaywalking. Is it a defence that I am a visually impaired person?
- Q3. In a congested road, if a vehicle has mostly passed a yellow box marking (e.g., 2/3 of its length has passed), is the driver in breach of any traffic laws?
- Q4. When a traffic light signal turns amber, a driver stops the car immediately. At the time when it turns red, the car stops completely with its head having crossed the stop line. Is the driver in breach of any traffic law?
- Case Summary: One's own misunderstanding of the meaning of a traffic sign is not a reasonable excuse for not complying with the requirement of the traffic sign. (HKSAR v Ho Loy)
- 4. Related to speed limits
- 5. Related to alteration of vehicles
- 6. Related to safety equipment
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7. Related to the use of mobile phones
- Q1. Ms. M understands that it is illegal to hold and talk on a mobile phone while driving. But she is unsure about using the speaker-phone function? And what about using a hand-free device? Does the law prohibit the use of such function or device?
- Q2. Nowadays many taxi drivers have multiple mobile phones in front of their driver seats to receive calls for business. This possibly will affect their attention on road situations. Are taxi drivers in breach of any traffic law in such circumstances (even if they make and receive phone calls with hand-free function)?
- Q3. Can drivers watch videos during driving?
- 8. Related to private roads
- 9. Related to expressways
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10. Related to parking
- Q1. Do people obstructing a parking space by placing an object (e.g., a chair) there violate the laws? If I drive a car and pass by, do I have right to the remove the object and park my car into the parking space?
- Q2. Mr. P, had a heated quarrel with his wife while driving along Queen’s Road Central. He became so agitated that he stopped the vehicle in the middle of the road and just left the scene (and also his poor wife alone in the vehicle). What he had in his mind was: I don’t care; I don’t mind being given a parking ticket; after all, it costs only a few hundred dollars.
- Q3. Is it parking if I stop my car at the roadside but the engine is still on?
- Q4. Can traffic tickets be issued from midnight to dawn to vehicles parked in any area which are not designated parking spaces without obstructing other traffic or pedestrians?
- Q5. Can parking spaces with malfunctioning meters be used?
- Q6. Motor vehicles left unattended in streets or carparks for extended period are found at times. What action can be taken if it happens in the public area? What action can be taken if it happens in privately run carparks?
- 11. Related to insurance
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12. Related to pedestrians
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a. Jaywalking
- Q1. Mr. J crossed a road irrespective of the red light signal. He argued that despite the red light signal, he had carefully checked that there was no vehicle approaching. He therefore believed that it was safe to cross the road and proceeded to do so. Did Mr. J’s argument amount to a “reasonable excuse”, so that he was not liable under Regulation 33(6) of the Road Traffic (Traffic Control) Regulations (Cap.374G of the Laws of Hong Kong)?
- Q2. Does a pedestrian commit the offence of jaywalking if the pedestrian light is not working and he/she crosses the road?
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b. The negligent pedestrian
- Q1. Ms. N crossed a road while talking on her mobile phone. She did not look properly up and down the road and did not notice an approaching vehicle. The vehicle failed to stop in time and knocked down Ms. N. Would Ms. N be liable under section 48 of the Road Traffic Ordinance (Cap.374 of the Laws of Hong Kong)?
- Q2. My car camera recorded someone hitting my car deliberately and pretending to be knocked down by my car. Will that person be charged? Will I be charged with careless driving?
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a. Jaywalking
- 13. Related to cycling
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14. Related to other vehicles and electric mobility devices
- Q1. Are electric mobility devices treated as “motor vehicles”? Is riding on electric mobility devices (e.g. electric scooters, electric unicycles, electric hoverboards, electric skateboards, electric bicycles, etc.) illegal in Hong Kong? What charges could be laid against the riders?
- Q2. Do I bear the responsibilities of a driver if I ride an electric unicycle on the road and hit someone?
- Q3. Are electric golf carts regulated by traffic law?
- Q4. Are electric wheelchairs regulated by traffic law?
- 15. Related to Animals
- 16. Related to environmental protection
- The Driving-offence Points System and the Fixed Penalty System
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What to do when accidents happen
- 1. Duty to stop
- 2. Duty to give particulars
- 3. Duty to report
- 4. Preserving evidence
- 5. Notifying an insurer
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6. Using video clips as evidence in court
- Q1. Can video clips from driving recorders (of any driver involved in a case, or any third-party driver) be used as evidence in court?
- Q2. What makes a video clip admissible evidence? (Correct time? Vehicle registration number clearly captured?)
- Q3. What makes a video clip be regarded as being "interfered" and that may cause it inadmissible in court?
- Q4. What can I do if my driving recorder has recorded the happening of a traffic offence on the road?
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7. Private settlement
- Q1. Does such kind of settlement contract preclude the right of the parties to report the accident to the Police?
- Q2. If I have paid a sum of money to the other party in the agreement, and subsequently I reported the case to the police, and it turns out that it is the other party who has committed the offence of "careless driving". Can I ask for the money back?
- Hong Kong - Mainland China cross regional transport
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Public Transport
- 1. Concepts of Regulations and By-laws
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2. Public Bus
- Q1. What are the general rules of conduct of bus drivers? What are the legal consequences if bus drivers do not observe the general rules of conduct?
- Q2. What are the rules of general conduct of passengers? What are the legal consequences if passengers do not observe the rules of general conduct?
- Q3. Can bus drivers refuse passengers boarding buses?
- Q4. Can bus drivers evict passengers?
- Q5. Can bus drivers examine passengers’ property?
- Q6. Should passengers comply with directions made by bus drivers?
- Q7. If a passenger refuses to pay enough fares or any at all, what can a bus driver do?
- Q8. If a passenger plays loud music in a bus, can the driver and other passengers stop him?
- Q9. Can a passenger stand on the upper deck or the staircase of a bus while the bus is moving?
- Q10. What types of goods cannot be carried onto buses?
- Q11. How should lost property left on buses be dealt with?
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3. Public Light Bus
- Q1. What are the general rules of conduct for public light bus drivers? What are the legal consequences if light bus drivers do not observe the general rules of conduct?
- Q2. What are the general rules of conduct for passengers? What are the legal consequences if passengers do not observe the general conduct?
- Q3. Can public light drivers refuse passengers boarding?
- Q4. Can public light bus drivers evict passengers?
- Q5. Do passengers have legal responsibilities for getting on an overloaded public light bus?
- Q6. Can passengers of green public light buses ask drivers to stop at spots different from the light bus stops?
- Q7. Do passengers in public light buses have a legal obligation to buckle up when seat belts are available?
- Q8. Is the driver responsible for passengers not wearing seat belts installed on the vehicle? If passengers refuse to cooperate, can the driver refuse to drive the vehicle?
- Q9. Is it permissible for a mother to ride on a public light bus while holding her 8-month-old baby in her arms?
- Q10. A mother carried a 3-year-old child. The child sat on her mother’s thigh. They only occupied one seat. Only fare of the mother was paid. Is it legal?
- Q11. What types of goods cannot be carried onto public light buses?
- Q12. How should lost property left on public light buses be dealt with?
- Q13. What is the maximum speed limit for public light buses when travelling on roads?
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4. MTR
- Q1. Are MTR train drivers subject to general traffic laws such as the Road Traffic Ordinance?
- Q2. What are the general rules of conduct for passengers? What are the legal consequences if passengers do not observe the general conduct?
- Q3. Why a man taking sneak shots of a woman's legs can be charged under the MTR By-laws, the Public Order Ordinance or the Crimes Ordinance?
- Q4. What kind of business activities are prohibited on MTR premises and trains?
- Q5. Are private transactions (buying and selling of second-hand goods) taking place in MTR stations allowed?
- Q6. Is taking pictures with mobile phones (without affecting other passengers) inside the train compartment allowed?
- Q7. What is the source of authority for the MTR Corporation Limited to impose surcharges on passengers? What are the differences between surcharges and the penalties specified in the MTR By-laws?
- Q8. Under what conditions would a passenger be levied a surcharge?
- Q9. What types of goods cannot be carried onto MTR trains?
- Q10. How should lost property left on MTR premises or trains be dealt with?
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5. Taxi
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A. Picking Up and Setting Down Passengers
- Q1. Can taxi drivers refuse hiring or select passengers?
- Q11. Is the practice of taxi-sharing by unknown passengers at a fixed fare (known as “rabbitfish taxi”) legal?
- Q2. Can a taxi driver refuse to take a passenger who is known to be an infectious disease carrier or be subject to compulsory quarantine?
- Q3. Can taxi drivers evict passengers?
- Q4. If a passenger wants to cross the harbour, can a taxi driver refuse hiring?
- Q5. If a passenger requests to stop at a restricted area, should the taxi driver comply with the request? If the taxi driver refuses, will he be charged?
- Q6. If a passenger requests to stop at an area that is fully parked, will the taxi driver stopping at a restricted area nearby be charged?
- Q7. Is a child below the age of 3 a passenger if he does not occupy a seat by himself?
- Q8. Can three adults and two children get on a 4-seater taxi? In those cases, would they be covered by insurance?
- Q9. In case of serious traffic congestion, if a passenger insists to take off in the middle of the road, will the taxi driver be charged?
- Q10. If passengers deliberately select and ride in the 2nd taxi at the taxi stand, would the driver of the 2nd taxi be charged?
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B. Taxi Fares and Taximeter
- Q1. How is the fare calculated?
- Q2. Is it illegal not to use the taximeter to calculate the fare?
- Q3. Is it legal for taxi drivers to charge additional fares when a typhoon No. 8 signal or black rainstorm warning signal is issued?
- Q4. Is it legal for taxi drivers to give discounts on fares?
- Q5. Some taxi drivers may deliberately select an unreasonably longer route for higher fares. Is it regulated by the law? How can the passenger prove it?
- Q6. Can taxi drivers refuse to receive small changes?
- Q7. What could the driver do if a passenger does not have money to pay for the fare? Can the driver keep the HKID/passport/staff card/other personal belongings of the passenger until the fare is received, if the passenger is willing to do so?
- Q8. Are there any laws regulating the installation of taximeter and receipt printer in a taxi?
- Q9. If a taximeter has been found altered or defaced, will the taxi owner, or the taxi driver who has operated the taximeter be charged?
- Q10. Can a private car owner install a taximeter or a similar instrument in their car just for decoration?
- Q11. A passenger reserved a taxi via telephone or app booking at 10.00 AM. When he arrived at the meeting place at 10.05 AM, he found that the taxi driver had moved the meter to the recording position before he got in the taxi. Could the passenger refuse to pay or request the taxi driver to start counting fares again?
- Q12. A regular passenger travels the same route by taxi very often. If he finds that the fare recorded by the taximeter on a particular trip is 1.5x higher than the fare he has paid regularly, can he refuse to pay for the fare exceeding the regular amount?
- C. Carriage of Goods
- D. Carriage of Animals and Birds
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E. Obligations and General Conduct of Taxi Driver
- Q1. Can taxi drivers smoke in the cabin without passengers? How about drinking and eating?
- Q2. Can taxi drivers wear slippers when driving? Can taxi drivers be barefoot?
- Q3. Can taxi drivers solicit business by distributing business cards or advertising materials to passengers? Can they do so using smartphone apps or social media?
- Q4. Is it legal for taxi drivers to receive Lai See from passengers during the Lunar New Year?
- Q5. Can taxi licence owners let their taxis to taxi drivers with criminal records?
- Q6. What are the general rules of conduct for taxi drivers? What are the legal consequences if taxi drivers do not observe the general rules of conduct?
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F. Taxi apps
- Q1. Is the charging model of Uber Taxi legal? Does it make any difference if the taxi licence owners have authorized the drivers to join the Uber Taxi (as hiring)?
- Q2. Can the Uber Taxi driver charge the fare recorded on the taximeter while the passenger is expected to pay the price quoted by Uber Taxi app?
- Q3. Taxi apps and telephone booking services match customers with taxi drivers. Will taxi drivers be charged with being wilfully refusing or neglecting to accept hire from a hirer if they refuse to take an order referred to or broadcasted to them?
- G. Cabin Recording
- H. Others
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A. Picking Up and Setting Down Passengers
- 6. Complaint Mechanism of Public Transport
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7. Unlicensed Services (Uber)
- Q1. Is Uber legal?
- Q2. Are Uber drivers and passengers insured?
- Q3. Do Uber passengers who merely take a ride commit any offences?
- Q4. If Uber or Uber Taxi is illegal, does the media broadcasting its advertisement to recruit drivers commit any offence?
- Q5. Can the public report offences of illegal carriage of passengers?
- Q6. Some car-sharing apps can match people who wish to rent a car for a day and people who have a spare car to rent out at a cost. Can a private car owner rent his car to someone else? What is the potential risk to the car owner and the car renter? Does it make a difference if he just lends his car to a friend without charging him a fee?
- Q7. Some ride-sharing apps can match passengers and drivers who wish to travel on the same route at the same time. Can a private car owner ride someone else who will reimburse him a small sum for the fuel cost and toll fee? What is the potential risk to the car owner (usually the driver) and the passengers?
- Road Users' Code
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