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[接上页] (7) The Commissioner shall, by notice in the Gazette, as soon as is practicable after such agreement or award as is referred to in subsection (6), amend the Schedule. (Enacted 1988) Cap 393 s 37 Description of motor vehicle The description of motor vehicles mentioned in the Schedule shall be interpreted in accordance with the definitions and classes of motor vehicles mentioned in section 2 of the Road Traffic Ordinance (Cap 374). (Enacted 1988) Cap 393 s 38 Display of notices of tolls and sale thereof (1) The Company shall, to the satisfaction of the Commissioner, cause to be displayed at both ends of the tunnel, in conspicuous places, notices stating the toll payable in respect of each category of motor vehicle. (2) The Company shall cause printed copies of the list of the tolls currently chargeable by the Company to be kept at the registered office of the Company and to be sold at a reasonable charge to every person applying therefor. (Enacted 1988) Cap 393 s 39 Company may not charge tolls greater than those as fixed or varied The Company shall not charge any person a toll greater than the appropriate toll specified in the Schedule. (Enacted 1988) Cap 393 s 40 Company may erect toll structures, etc. For the purpose of collecting tolls the Company may erect in the tunnel area such toll gates, toll houses and other structures as it considers necessary. (Enacted 1988) Cap 393 s 41 Obligation to give information relating to the driving of vehicles PART IX TRAFFIC OFFENCES: SUPPLEMENTARY PROVISIONS (1) Without prejudice to section 63 of the Road Traffic Ordinance (Cap 374), where the driver of a motor vehicle is suspected of having committed an offence against this Ordinance in the tunnel area, any person (including both the registered owner of the vehicle and the person suspected of being the driver of the vehicle at the time of the alleged offence) shall, on demand made within 6 months after the date of the alleged offence, give to a tunnel officer in the manner prescribed in this section the name, address and driving licence number of the person driving the vehicle at the time of the alleged offence and his relationship (if any) to the driver. (Amended 29 of 1999 s. 2) (2) A demand under subsection (1) may be made orally or by means of a notice served personally or by post on the person on whom it is made. (3) Where a demand under subsection (1) is made orally to any person he shall- (a) if he was the driver of the vehicle at the time of the alleged offence- (i) give immediately his name and address; and (ii) give the number of his driving licence to a specified tunnel officer within 21 days after the date of the demand; and(b) if he was not the driver of the vehicle at the time of the alleged offence, give the information required under subsection (1) to a specified tunnel officer either orally or in writing within 21 days after the date of the demand.(4) A notice under subsection (2) shall require the person to whom it is addressed- (a) to furnish, within 21 days after the date of the notice, to a tunnel officer specified therein, a written statement, in such form as may be specified in the notice, giving the name, address and driving licence number of the person driving the vehicle at the time of the alleged offence and his relationship (if any) to the driver; and (b) to sign the said statement.(5) Subject to subsection (6), any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $4000 and to imprisonment for 6 months. (6) In proceedings for an offence under subsection (5), 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. (Enacted 1988) Cap 393 s 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. (Added 29 of 1999 s. 2) Cap 393 s 42 Proof in summary proceedings of identity of driver 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 41; and |