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Roads and Tunnels Legislation (Miscellaneous Amendments) Bill 1999
Amend the Eastern Harbour Crossing Ordinance, the Magistrates Ordinance, the Road Tunnels (Government) Ordinance, the Tate's Cairn Tunnel Ordinance, the Western Harbour Crossing Ordinance, the Tai Lam Tunnel and Yuen Long Approach Road Ordinance and the Tsing Ma Control Area Ordinance.
Enacted by the Legislative Council.
1. Short title and commencement
(1) This Ordinance may be cited as the Roads and Tunnels Legislation (Miscellaneous Amendments) Ordinance 1999.
(2) Subject to subsection (3), this Ordinance shall come into operation on 1 September 1999.
(3) Schedule 2 and section 6 of Schedule 3 shall come into operation on the day of publication of this Ordinance in the Gazette.
2. Amendment of Ordinances
The Ordinances specified in the Schedules are amended as indicated in those Schedules.
SCHEDULE 1 [s. 2]
Eastern Harbour Crossing Ordinance
1. Interpretation
Section 2(1) of the Eastern Harbour Crossing Ordinance (Cap. 215) is amended by adding---
" "court" (法院、法庭) includes a magistrate;".
2. Obligation to give information relating
to the driving of vehicles
Section 60(1) is amended by repealing "3 months" and substituting "6 months".
3. Section added
The following is added---
"60A. Making false statements and omitting
material particulars
(1) A person who makes a false statement in supplying particulars required under section 60 commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months.
(2) In proceedings for an offence under subsection (1), it is a defence for the accused person to show that he did not know and had no reason to believe the statement to be false.
(3) A person who omits any material particular required under section 60 commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months.
(4) In proceedings for an offence under subsection (3), it is a defence for the accused person to show that he did not know, and could not with reasonable diligence have ascertained, the particular required.".
4. Sections added
The following are added---
"61A. Certificates of image recording
and printing devices
(1) A document in such form as may be specified by the Commissioner purporting---
(a) to be a record of the testing of the functioning, inspection or servicing of an image recording device (with or without any associated image printing device) used for the purpose of recording and, where appropriate, reproducing the images of vehicles passing through a toll booth and specified in the document; and
(b) to be certified as to such testing, inspection or servicing by a person authorized in this behalf by the Road Company,
shall be admitted as evidence in any criminal or civil proceedings before any court on its production without further proof.
(2) On the production of a document under subsection (1)---
(a) the court before which it is produced shall, in the absence of evidence to the contrary, presume---
(i) that it was signed at the time and place specified in it by a person authorized by the Road Company;
(ii) that the facts stated in the document relating to the testing of the functioning, inspection or servicing of the image recording device and the associated image printing device, if any, specified in it are true; and
(iii) that the record of the facts stated in the document was made and compiled at the time stated in it;
(b) the document shall be evidence of all other matters contained in it; and
(c) the recording and print, if any, produced by using the image recording device and the associated image printing device, where appropriate, shall be evidence of all matters contained in them.
(3) Where any document is produced and admitted as evidence under subsection (1), the court may, if it thinks fit, on its own motion or on the application of any party to the proceedings, summon the person who signed the document and examine him as to the matter the subject of the document.
61B. Certificates as to photographic process
(1) A document in such form as may be specified by the Commissioner purporting to be signed by a person duly appointed under subsection (2) and purporting to be a certificate as to the processing of exposed film received and processed by him shall, together with the photographic prints or photographic enlargements referred to in the document, be admitted in evidence in any criminal or civil proceedings before any court on its production without further proof, and---
(a) in the absence of evidence to the contrary, the court before which such document is produced shall presume that the signature to the document is genuine and that the person signing it was duly appointed under subsection (2) at the time when he signed it; and
(b) such document shall be evidence of all matters contained in it.
(2) The Road Company may appoint in writing such persons as it thinks fit to carry out the processing of exposed film and to sign certificates under subsection (1) in relation to the processing.
(3) Where any document is produced and admitted as evidence under subsection (1), the court may, if it thinks fit, on its own motion or on the application of any party to the proceedings, summon the person who signed the document and examine him as to the matter the subject of the document.".
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SCHEDULE 2 [s. 2]
Magistrates Ordinance
1. Offences to which defendant
may plead guilty by letter
The Third Schedule to the Magistrates Ordinance (Cap. 227) is amended by adding---
"17. Tai Lam Tunnel and Yuen Long Approach Road
Any offence against the Tai Lam Tunnel and Yuen Long Approach Road Bylaw
(Cap. 474 sub. leg.).".
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SCHEDULE 3 [s. 2]
Road Tunnels (Government) Ordinance
1. Interpretation
Section 2 of the Road Tunnels (Government) Ordinance (Cap. 368) is amended by adding---
" "court" (法庭) includes a magistrate;".
2. Obligation to give information relating
to the driving of vehicles
Section 12(1) is amended by repealing "3 months" and substituting "6 months".
3. Section substituted
Section 13 is repealed and the following substituted---
"13. Making false statements and omitting
material particulars
(1) A person who makes a false statement in supplying particulars required under section 11 or 12 commits an offence.
(2) In proceedings for an offence under subsection (1), it is a defence for the accused person to show that he did not know and had no reason to believe the statement to be false.
(3) A person who omits any material particular required under section 11 or 12 commits an offence.
(4) In proceedings for an offence under subsection (3), it is a defence for the accused person to show that he did not know, and could not with reasonable diligence have ascertained, the particular required.".
4. Certificates of image recording and printing devices
Section 14A is amended---
(a) in subsection (1)(a), by repealing "運作、檢查或維修的測試" and substituting "運作測試、檢查或維修的";
(b) in subsection (1)(b), by adding "as to such testing, inspection or servicing" after "certified";
(c) in subsection (2)(a)(ii), by repealing "運作、檢查或維修的測試" and substituting "運作測試、檢查或維修".
5. Penalties for offences
Section 19 is amended by adding "(1) or (3)" after "13".
6. Section added
The following is added---
"22A. Remunerations, etc., under management
agreements
(1) Where the terms of an agreement entered into by an operator with the Government for the management of a tunnel to which this Ordinance applies have been approved by the Financial Secretary for the purposes of this section, those parts or percentages of any moneys raised or received for the purposes of the Government under the agreement which the operator is entitled under the agreement to retain by way of remuneration or reimbursement shall not form part of the general revenue for the purposes of section 3(1) of the Public Finance Ordinance (Cap. 2).
(2) Subsection (1) applies in relation to an agreement entered into before the commencement of section 6 of Schedule 3 to the Roads and Tunnels Legislation (Miscellaneous Amendments) Ordinance 1999 ( of 1999) as it applies in relation to an agreement entered into on or after that commencement, but nothing in this section shall be construed as applying to any moneys raised or received for the purposes of the Government before the date of the approval of the Financial Secretary under subsection (1).".
SCHEDULE 4 [s. 2]
Tate's Cairn Tunnel Ordinance
1. Interpretation
Section 2(1) of the Tate's Cairn Tunnel Ordinance (Cap. 393) is amended by adding---
" "court" (法院、法庭) includes a magistrate;".
2. Obligation to give information relating
to the driving of vehicles
Section 41(1) is amended by repealing "3 months" and substituting "6 months".
3. Section added
The following is added---
"41A. Making false statements and omitting
material particulars
(1) A person who makes a false statement in supplying particulars required under section 41 commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months.
(2) In proceedings for an offence under subsection (1), it is a defence for the accused person to show that he did not know and had no reason to believe the statement to be false.
(3) A person who omits any material particular required under section 41 commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months.
(4) In proceedings for an offence under subsection (3), it is a defence for the accused person to show that he did not know, and could not with reasonable diligence have ascertained, the particular required.".
4. Sections added
The following are added---
"42A. Certificates of image recording
and printing devices
(1) A document in such form as may be specified by the Commissioner purporting---
(a) to be a record of the testing of the functioning, inspection or servicing of an image recording device (with or without any associated image printing device) used for the purpose of recording and, where appropriate, reproducing the images of vehicles passing through a toll booth and specified in the document; and
(b) to be certified as to such testing, inspection or servicing by a person authorized in this behalf by the Company,
shall be admitted as evidence in any criminal or civil proceedings before any court on its production without further proof.
(2) On the production of a document under subsection (1)---
(a) the court before which it is produced shall, in the absence of evidence to the contrary, presume---
(i) that it was signed at the time and place specified in it by a person authorized by the Company;
(ii) that the facts stated in the document relating to the testing of the functioning, inspection or servicing of the image recording device and the associated image printing device, if any, specified in it are true; and
(iii) that the record of the facts stated in the document was made and compiled at the time stated in it;
(b) the document shall be evidence of all other matters contained in it; and
(c) the recording and print, if any, produced by using the image recording device and the associated image printing device, where appropriate, shall be evidence of all matters contained in them.
(3) Where any document is produced and admitted as evidence under subsection (1), the court may, if it thinks fit, on its own motion or on the application of any party to the proceedings, summon the person who signed the document and examine him as to the matter the subject of the document.
42B. Certificates as to photographic process
(1) A document in such form as may be specified by the Commissioner purporting to be signed by a person duly appointed under subsection (2) and purporting to be a certificate as to the processing of exposed film received and processed by him shall, together with the photographic prints or photographic enlargements referred to in the document, be admitted in evidence in any criminal or civil proceedings before any court on its production without further proof, and---
(a) in the absence of evidence to the contrary, the court before which such document is produced shall presume that the signature to the document is genuine and that the person signing it was duly appointed under subsection (2) at the time when he signed it; and
(b) such document shall be evidence of all matters contained in it.
(2) The Company may appoint in writing such persons as it thinks fit to carry out the processing of exposed film and to sign certificates under subsection (1) in relation to the processing.
(3) Where any document is produced and admitted as evidence under subsection (1), the court may, if it thinks fit, on its own motion or on the application of any party to the proceedings, summon the person who signed the document and examine him as to the matter the subject of the document.".
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SCHEDULE 5 [s. 2]
Western Harbour Crossing Ordinance
1. Interpretation
Section 2(1) of the Western Harbour Crossing Ordinance (Cap. 436) is amended by adding---
" "court" (法院、法庭) includes a magistrate;".
2. Obligation to give information relating
to the driving of vehicles
Section 53(1) is amended by repealing "3 months" and substituting "6 months".
3. Section added
The following is added---
"53A. Making false statements and omitting
material particulars
(1) A person who makes a false statement in supplying particulars required under section 53 commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months.
(2) In proceedings for an offence under subsection (1), it is a defence for the accused person to show that he did not know and had no reason to believe the statement to be false.
(3) A person who omits any material particular required under section 53 commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months.
(4) In proceedings for an offence under subsection (3), it is a defence for the accused person to show that he did not know, and could not with reasonable diligence have ascertained, the particular required.".
4. Proof in summary proceedings of identity of driver
Section 54(2) is repealed.
5. Sections added
The following are added---
"54A. Certificates of image recording
and printing devices
(1) A document in such form as may be specified by the Commissioner purporting---
(a) to be a record of the testing of the functioning, inspection or servicing of an image recording device (with or without any associated image printing device) used for the purpose of recording and, where appropriate, reproducing the images of vehicles passing through a toll booth and specified in the document; and
(b) to be certified as to such testing, inspection or servicing by a person authorized in this behalf by the Company,
shall be admitted as evidence in any criminal or civil proceedings before any court on its production without further proof.
(2) On the production of a document under subsection (1)---
(a) the court before which it is produced shall, in the absence of evidence to the contrary, presume---
(i) that it was signed at the time and place specified in it by a person authorized by the Company;
(ii) that the facts stated in the document relating to the testing of the functioning, inspection or servicing of the image recording device and the associated image printing device, if any, specified in it are true; and
(iii) that the record of the facts stated in the document was made and compiled at the time stated in it;
(b) the document shall be evidence of all other matters contained in it; and
(c) the recording and print, if any, produced by using the image recording device and the associated image printing device, where appropriate, shall be evidence of all matters contained in them.
(3) Where any document is produced and admitted as evidence under subsection (1), the court may, if it thinks fit, on its own motion or on the application of any party to the proceedings, summon the person who signed the document and examine him as to the matter the subject of the document.
54B. Certificates as to photographic process
(1) A document in such form as may be specified by the Commissioner purporting to be signed by a person duly appointed under subsection (2) and purporting to be a certificate as to the processing of exposed film received and processed by him shall, together with the photographic prints or photographic enlargements referred to in the document, be admitted in evidence in any criminal or civil proceedings before any court on its production without further proof, and---
(a) in the absence of evidence to the contrary, the court before which such document is produced shall presume that the signature to the document is genuine and that the person signing it was duly appointed under subsection (2) at the time when he signed it; and
(b) such document shall be evidence of all matters contained in it.
(2) The Company may appoint in writing such persons as it thinks fit to carry out the processing of exposed film and to sign certificates under subsection (1) in relation to the processing.
(3) Where any document is produced and admitted as evidence under subsection (1), the court may, if it thinks fit, on its own motion or on the application of any party to the proceedings, summon the person who signed the document and examine him as to the matter the subject of the document.".
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SCHEDULE 6 [s. 2]
Tai Lam Tunnel and Yuen Long Approach Road Ordinance
1. Interpretation
Section 2(1) of the Tai Lam Tunnel and Yuen Long Approach Road Ordinance (Cap. 474) is amended by adding---
" "court" (法院、法庭) includes a magistrate;".
2. Obligation to give information relating
to the driving of vehicles
Section 46(4) is amended by repealing "3 months" and substituting "6 months".
3. Section added
The following is added---
"46A. Making false statements and omitting
material particulars
(1) A person who makes a false statement in supplying particulars required under section 46 commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months.
(2) In proceedings for an offence under subsection (1), it is a defence for the accused person to show that he did not know and had no reason to believe the statement to be false.
(3) A person who omits any material particular required under section 46 commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months.
(4) In proceedings for an offence under subsection (3), it is a defence for the accused person to show that he did not know, and could not with reasonable diligence have ascertained, the particular required.".
4. Proof in summary proceedings of identity of driver
Section 47(2) are repealed.
5. Sections added
The following are added---
"47A. Certificates of image recording
and printing devices
(1) A document in such form as may be specified by the Commissioner purporting---
(a) to be a record of the testing of the functioning, inspection or servicing of an image recording device (with or without any associated image printing device) used for the purpose of recording and, where appropriate, reproducing the images of vehicles passing through a toll booth and specified in the document; and
(b) to be certified as to such testing, inspection or servicing by a person authorized in this behalf by the Company,
shall be admitted as evidence in any criminal or civil proceedings before any court on its production without further proof.
(2) On the production of a document under subsection (1)---
(a) the court before which it is produced shall, in the absence of evidence to the contrary, presume---
(i) that it was signed at the time and place specified in it by a person authorized by the Company;
(ii) that the facts stated in the document relating to the testing of the functioning, inspection or servicing of the image recording device and the associated image printing device, if any, specified in it are true; and
(iii) that the record of the facts stated in the document was made and compiled at the time stated in it;
(b) the document shall be evidence of all other matters contained in it; and
(c) the recording and print, if any, produced by using the image recording device and the associated image printing device, where appropriate, shall be evidence of all matters contained in them.
(3) Where any document is produced and admitted as evidence under subsection (1), the court may, if it thinks fit, on its own motion or on the application of any party to the proceedings, summon the person who signed the document and examine him as to the matter the subject of the document.
47B. Certificates as to photographic process
(1) A document in such form as may be specified by the Commissioner purporting to be signed by a person duly appointed under subsection (2) and purporting to be a certificate as to the processing of exposed film received and processed by him shall, together with the photographic prints or photographic enlargements referred to in the document, be admitted in evidence in any criminal or civil proceedings before any court on its production without further proof, and---
(a) in the absence of evidence to the contrary, the court before which such document is produced shall presume that the signature to the document is genuine and that the person signing it was duly appointed under subsection (2) at the time when he signed it; and
(b) such document shall be evidence of all matters contained in it.
(2) The Company may appoint in writing such persons as it thinks fit to carry out the processing of exposed film and to sign certificates under subsection (1) in relation to the processing.
(3) Where any document is produced and admitted as evidence under subsection (1), the court may, if it thinks fit, on its own motion or on the application of any party to the proceedings, summon the person who signed the document and examine him as to the matter the subject of the document.".
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SCHEDULE 7 [s. 2]
Tsing Ma Control Area Ordinance
1. Interpretation
Section 2 of the Tsing Ma Control Area Ordinance (Cap. 498) is amended by adding---
" "court" (法院、法庭) includes a magistrate;".
2. Section substituted
Section 18 is repealed and the following substituted---
"18. Making false statements and omitting
material particulars
(1) A person who makes a false statement in supplying particulars required under section 13, 14 or 17 commits an offence.
(2) In proceedings for an offence under subsection (1), it is a defence for the accused person to show that he did not know and had no reason to believe the statement to be false.
(3) A person who omits any material particular required under section 13, 14 or 17 commits an offence.
(4) In proceedings for an offence under subsection (3), it is a defence for the accused person to show that he did not know, and could not with reasonable diligence have ascertained, the particular required.".
3. Certificates of image recording and
printing devices
Section 20 is amended---
(a) in subsection (1)(b), by adding "as to such testing, inspection or servicing" after "certified";
(b) in subsection (2)(c), by repealing "該等設備" and substituting "該等紀錄及照片".
4. Penalties for offences
Section 26 is amended by adding "(1) or (3)" after "18".
Explanatory Memorandum
The principal object of this Bill is to amend the Eastern Harbour Crossing Ordinance (Cap. 215), the Road Tunnels (Government) Ordinance (Cap. 368), the Tate's Cairn Tunnel Ordinance (Cap. 393), the Western Harbour Crossing Ordinance (Cap. 436), the Tai Lam Tunnel and Yuen Long Approach Road Ordinance (Cap. 474) and the Tsing Ma Control Area Ordinance (Cap. 498) to introduce offence provisions relating to the giving of particulars and evidentiary provisions on traffic matters within the areas of various tunnels and toll roads.
2. Schedule 1 to the Bill amends the Eastern Harbour Crossing Ordinance (Cap. 215) to, among other things---
‧ extend the period allowed for demanding a person to give information relating to a driver suspected of committing an offence in the road tunnel area from 3 months to 6 months;
‧ create an offence for making false statements or omitting material particulars by a person demanded to give information;
‧ enable certificates of image recording and printing devices and certificates of photographic processing to be admitted as evidence in legal proceedings.
3. Schedule 2 to the Bill amends the Third Schedule to the Magistrates Ordinance (Cap. 227) to include offences against the Tai Lam Tunnel and Yuen Long Approach Road Bylaw (Cap. 474 sub. leg.) as offences to which a defendant may plead guilty by letter.
4. Schedules 3, 4, 5, 6 and 7 to the Bill amend the Road Tunnels (Government) Ordinance (Cap. 368), the Tate's Cairn Tunnel Ordinance (Cap. 393), the Western Harbour Crossing Ordinance (Cap. 436), the Tai Lam Tunnel and Yuen Long Approach Road Ordinance (Cap. 474) and the Tsing Ma Control Area Ordinance (Cap. 498) respectively to make amendments similar to those contained in Schedule 1.
5. Schedule 3 to the Bill also adds the proposed section 22A to the Road Tunnels (Government) Ordinance (Cap. 368) to provide that where the terms of a tunnel management agreement has been approved by the Financial Secretary for the purposes of that section, such portion of the moneys raised or received for the purposes of the Government under the agreement which the operator is entitled to retain by way of remuneration or reimbursement shall not form part of the general revenue.
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