Q1. A driver whose driving licence had been suspended drove through a police roadblock. What offences the driver could have committed?
Obviously this driver has committed the offence of “driving while disqualified” under section 44 of the Road Traffic Ordinance (Cap. 374).
Other possible offences that he/she may have committed include the following:
- the act of driving through a police roadblock may constitute an offence under section 60 of the Crimes Ordinance ( 200), i.e. without lawful excuse destroying or damaging any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged, or intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered;
- the act of driving through a police roadblock very likely amounts also to dangerous driving, i.e. “the way he drives falls far below what would be expected of a competent and careful driver” and “it would be obvious to a competent and careful driver that driving in that way would be dangerous”;
- this act may also be equivalent to an assault on police officer contrary to section 36(b) of the Offences against the Person Ordinance ( 212); and
- depending on the consequence of that act of driving through a police roadblock, the driver could have committed the offence of homicide or manslaughter.