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[接上页] (3) If any person issues a certificate of insurance or certificate of security which is to his knowledge false in any material particular, he shall be guilty of an offence and shall be liable to a fine of $2000 and to imprisonment for 6 months. (4) If any police officer or the Commissioner for Transport has reasonable cause to believe that any certificate of insurance or certificate of security produced to him in pursuance of the provisions of this Ordinance by the driver of a motor vehicle is a document in relation to which an offence under this section has been committed, he may seize the document, and thereon the person producing such document shall on being required by a police officer or the Commissioner for Transport inform him of the means by which and the person from whom he obtained possession of such document and it shall be an offence to give information which is false or withhold material information and such person shall be liable to a fine of $1000 and to imprisonment for 6 months. (Amended 30 of 1967 Schedule) (5) In this section, the expressions "certificate of insurance" (保险证书) and "certificate of security" (保证证书) include any document issued under regulations made under this Ordinance to prescribe evidence which may be produced in lieu of a certificate of insurance or a certificate of security. (6) Nothing in this section shall be construed to affect the liability of any person to trial and punishment for any offence against any other enactment: Provided that no person shall be punished twice for the same act or omission. [cf. 1930 c. 25 s. 112 U.K.] Cap 272 s 18 Disclosure of information to the police Where the driver of a vehicle is alleged to be guilty of an offence under the Ordinance- (a) the owner of the vehicle shall give such information as he may be required by or on behalf of the Commissioner of Police to give as to the identity of the driver, and, if he fails to do so shall be guilty of an offence, unless he shows to the satisfaction of the court or magistrate that he did not know and could not with reasonable diligence have ascertained who the driver was; and (b) any other person shall, if required as aforesaid, give any information which it is in his power to give and which may lead to the identification of the driver, and, if he fails to do so, he shall be guilty of an offence. [cf. 1930 c. 43 s. 113 U.K.] Cap 272 s 19 Offences and general penalty (1) Any person on conviction of an offence under this Ordinance shall, unless a penalty is otherwise specifically provided, be liable to a fine of $1000 and to imprisonment for 3 months. (2) Where a person is, by virtue of any power contained in this Ordinance or in any regulations made thereunder, required to do or to abstain from doing any act or thing and makes default in complying with any such requisition, it shall be lawful for the court or magistrate on conviction, in addition to imposing any penalty, to order such person to comply with such requisition and to annex to any such order any condition as to time or mode of action or otherwise which it may think necessary to enforce compliance therewith. (3) Every person who makes default in complying with any such order of the court or magistrate may, in the discretion of the court, be ordered to pay by way of a penalty a sum not exceeding $20 for every day during which he is thereafter in default or to be imprisoned, until he has remedied his default: Provided that any such person shall not for such non-compliance be liable to the payment of any sums amounting in the aggregate to more than $1000 in addition to any other fine or term of imprisonment to which he may otherwise be liable. Cap 272 s 20 Regulations Remarks: Amendments retroactively made - see 23 of 1998 s. 2 (1) The Governor in Council may make regulations for prescribing anything which may be prescribed under this Ordinance, and generally for the purpose of carrying this Ordinance into effect, and in particular, but without prejudice to the generality of the foregoing provisions, may make regulations- (a) as to the forms to be used for the purposes of this Ordinance; (b) as to applications for, and the issue of, certificates of insurance and certificates of security and any other documents which may be prescribed, and as to the keeping of records of documents and the furnishing of particulars thereof, or the giving of information with respect thereto, and as to the furnishing of copies of certificates of insurance and of certificates of security in respect of the obtaining or renewal of a licence or the registering of a new owner as owner of a motor vehicle under the Road Traffic Ordinance (Cap 374), and the regulations made thereunder; (Amended 22 of 1976 s. 5) (c) as to the issue of copies of any such certificates or other documents which are lost or destroyed; (d) as to the custody, production, cancellation, and surrender of any such certificates or other documents; (da) as to the minimum amount of insurance cover for the purpose of section 6(1)(b); (Added 46 of 1995 s. 6) (e) for providing that any provisions of this Ordinance shall, in relation to motor vehicles registered outside Hong Kong and brought into Hong Kong for a limited period have effect subject to such modifications and adaptations as may be prescribed; (Amended 46 of 1985 s. 5; 23 of 1998 s. 2) (f) as to the system of accounts to be kept, and the returns to be furnished, by insurers.(2) Any regulation made under this Ordinance may provide that a contravention thereof shall be an offence and that a person guilty of such offence shall be liable to a fine of $100 and to imprisonment for 7 days. [cf. 1930 c. 43 s. 41 U.K.] |