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b. The negligent pedestrian

Section 48 of the Road Traffic Ordinance (Cap.374 of the Laws of Hong Kong) prescribes that a pedestrian who “negligently endangers his own safety or that of any other person commits an offence and is liable to a fine of $500”.  In other words, pedestrians may commit this offence even though they suffer injury in the incident.

 

1. 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)?

 

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