PLC Paper No. LS 75

Paper for the House Committee Meeting of the
Provisional Legislative Council
on 9 January 1998

Legal Service Division Report on
Resolution under section 4(3) of the
Road Traffic (Driving-offence Points) Ordinance (Cap. 375)

The Secretary for Transport has given notice to move a motion to amend the Schedule to the Road Traffic (Driving-offence Points) Ordinance (Cap. 375) ( " the Ordinance " ) on 21 January 1998.

2.Under section 4 of the Ordinance, where a person is convicted of a scheduled offence, or becomes liable to a fixed penalty in respect of a scheduled offence, he shall incur the appropriate number of points in respect of that offence. The Provisional Legislative Council may, by resolution, amend the Schedule. In the current Schedule, only offences under Road Traffic Ordinance (Cap. 374) are specified. The various tunnel and Tsing Ma Control Area by-laws/regulations are not included in the Schedule. Hence, a person committing offences such as driving in excess of speed limit and crossing double white lines within tunnel areas or Tsing Ma Control Area is not liable to incur driving-offence points.

3.The Secretary for Transport now seeks the Provisional Legislative Council 's approval to amend the Schedule of the Ordinance to include those by-laws/regulations so that such offences committed within the tunnel areas or Tsing Ma Control Area would equally incur driving-offence points.

4.The legal and drafting aspects of the resolution are in order.

Ho Ying-chu, Anita
Assistant Legal Adviser
Provisional Legislative Council Secretariat
6 January 1998