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[接上页] (b) to sign such statement.(4) Where a requirement is made under this section not later than 6 months beginning on the date of the alleged offence, any person who fails to comply with it according to this section commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months. (Amended 29 of 1999 s. 2) (5) In proceedings for an offence under subsection (4), it shall be a defence to show that the accused person did not know, and could not with reasonable diligence have ascertained, the name or address or driving licence number of the person driving the vehicle at the time of the alleged offence. (6) In this section "specified toll area control officer" (指明的收费区管理人员) means- (a) in relation to a requirement made under subsection (2), the toll area control officer specified in the requirement; and (b) in relation to a notice under subsection (3), the toll area control officer specified in the notice. (Enacted 1995) Cap 474 s 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. (Added 29 of 1999 s. 2) Cap 474 s 47 Proof in summary proceedings of identity of driver (1) If, in any summary proceedings for an offence under this Ordinance, there is produced to the court a statement which- (a) purports to have been signed by the accused person; (b) was furnished in accordance with a notice served on him under section 46; and (c) states that the accused person was the driver of the vehicle at the time of the alleged offence,the court may admit the statement as prima facie evidence of the fact that the accused person was the driver of the vehicle at the time of the offence. (2) (Repealed 29 of 1999 s. 2) (Enacted 1995) Cap 474 s 47A Certificates of image recording and printing devices (1) A document in such form as may be specified by the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 appro |