To make provision for the protection of third parties against risks arising out of the use of motor vehicles. [9 November 1951] (Originally 39 of 1951) Cap 272 s 1 Short title This Ordinance may be cited as the Motor Vehicles Insurance (Third Party Risks) Ordinance. Cap 272 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "Authority" (主管当局) means the Governor in Council or such other person, or body of persons, as may be nominated by the Governor in Council by notice in the Gazette; "authorized insurer" (获授权保险人) (a) in relation to a policy of insurance or security, means an insurer which, at the time the policy of insurance or security is issued or given, is- (i) an insurer authorized under the Insurance Companies Ordinance (Cap 41) to carry on motor vehicle insurance business; or (ii) an association of underwriters approved by the Governor in Council before 1 July 1994 or by the Insurance Authority on or after 1 July 1994 under section 6 of that Ordinance; and (Amended 46 of 1995 s. 2)(b) includes the society of underwriters known in the United Kingdom as Lloyd's; (Replaced 6 of 1983 s. 60)"driver" (司机), where a separate person acts as steersman of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle, and the expression "drive" (驾驶) shall be construed accordingly; [cf. 1930 c. 43 s. 121 U.K.] "insurer" (保险人) means an authorized insurer; (Replaced 6 of 1983 s. 60) "motor vehicle" (汽车) means a vehicle intended or adapted for use on roads, and propelled by any form of mechanical power, and includes a motor bicycle with or without a side-car or trailer, a motor tricycle and a bicycle or tricycle assisted by a motor, and a village vehicle within the meaning of section 2 of the Road Traffic Ordinance (Cap 374), but not a vehicle drawn by any other motor vehicle, nor any conveyance for use solely on railways or tramways; (Amended 31 of 1986 s. 8) [cf. 1930 c. 43 s. 1 U.K.] "motor vehicle insurance business" (汽车保险业务) means insurance business of the nature specified in class 10 in Part 3 of the First Schedule to the Insurance Companies Ordinance (Cap 41); (Replaced 6 of 1983 s. 60) "owner" (车主), in relation to a vehicle which is the subject of a hiring agreement or hire purchase agreement, means the person in possession of the vehicle under that agreement; [cf. 1930 c. 43 s. 121 U.K.] "policy of insurance" (保险单) includes a covering note; "road" (道路) means any highway and any other road to which the public have access and includes any road upon which a member of the public is allowed to drive a vehicle only if in possession of a permit issued by the Commissioner of Police or the Commissioner for Transport. (Replaced 16 of 1952 s. 2. Amended 30 of 1967 Schedule) Cap 272 s 3 Application of Ordinance to private roads (1) For the avoidance of doubt, it is hereby declared that the provisions of this Ordinance shall apply to private roads, other than private roads in areas wholly or mainly used for the carrying on of construction work or industry, as they apply to roads and, for that purpose, the provisions of any other Ordinance which relate, in any way, to the provisions of this Ordinance shall apply accordingly. (Amended 46 of 1995 s. 3) (2) For the purposes of this section- "construction work" (建造工程) means any one or more of the following activities- (a) building works; (b) works associated with the provision of utilities; (c) road works; (d) reclamation; (e) dumping; (f) quarrying; and (g) an activity declared under subsection (3) to be construction work;"industry" (工业) means any one or more of the following activities- (a) the manufacture of articles; (b) any process by which articles are altered, repaired or broken up; (c) the generation of power; (d) the loading, unloading or handling of articles or cargo at any dock, quay or wharf or in any warehouse; (e) the storage of goods or cargo; (f) shipbuilding; and (g) an activity declared under subsection (3) to be industry;"private road" (私家路) means a private road within the meaning of the Road Traffic Ordinance (Cap 374). (Replaced 46 of 1995 s. 3) (3) For the purposes of this section, the Governor may, by notice in the Gazette, declare an activity to be- (a) construction work; or (b) an industry. (Added 46 of 1995 s. 3) (Added 80 of 1988 s. 15) Cap 272 s 4 Obligation on users of motor vehicles to be insured against third party risks (1) Subject to the provisions of this Ordinance it shall not be lawful for any person to use, or to cause or permit any other person to use, a motor vehicle on a road unless there is in force in relation to the user of the vehicle by that person or that other person, as the case may be, such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Ordinance. (2) (a) If a person acts in contravention of this section, he shall be liable to a fine of $10000 and to imprisonment for 12 months, and a person convicted of an offence under this section shall (unless the court for special reasons thinks fit to order otherwise) be disqualified from holding or obtaining a licence to drive a motor vehicle for such period as the court may determine being not less than 12 months nor more than 3 years from the date of conviction. (Replaced 22 of 1976 s. 2) (b) A person disqualified by virtue of a conviction under this section or of an order made thereunder for holding or obtaining a licence shall, for the purposes of the Road Traffic Ordinance (Cap 374), be deemed to be disqualified by virtue of a conviction under the provisions of that Ordinance.(3) Notwithstanding any enactment prescribing a time within which proceedings may be brought before a court of summary jurisdiction, proceedings for an offence under this section may be brought- (a) within a period of 6 months from the date of the commission of the alleged offence; or (b) within a period which exceeds neither 3 months from the date on which it came to the knowledge of the prosecutor that the offence had been committed nor 1 year from the date of the commission of the offence,whichever period is the longer. (4) This section shall not apply to- (a) any motor vehicle which is the property of Her Majesty or the Government upon any occasion upon which such vehicle is being used by a person authorized by Her Majesty or the Government to use the same on such occasion; or (b) any motor vehicle at any time when it is being driven for police purposes by, or under the direction of, any police officer; or (ba) any motor vehicle at any time when it is being driven by a public officer- (i) in connection with a driving or instructor's test conducted by him under the Road Traffic Ordinance (Cap 374); (ii) for the purpose of carrying out any examination, inspection, weighing or testing of that vehicle required under that Ordinance; or (Added 61 of 1973 s. 2) (iii) in the course of its removal from a road tunnel to which the Road Tunnels (Government) Ordinance (Cap 368) applies; or (Replaced 49 of 1981 s. 2) (iv) in the course of its removal from a restricted road, or any place on a restricted road or a parking place or car park, in an estate managed by the Housing Authority under the Housing Ordinance (Cap 283); or (Added 49 of 1981 s. 2)(bb) any motor vehicle at any time when it is being driven within the Cross-Harbour tunnel area by an authorized officer as defined in the Road Tunnels (Government) Ordinance (Cap 368) in the course of its removal from the tunnel; or (Added 61 of 1973 s. 2. Amended L.N. 198 of 1999) (bc) any motor vehicle at any time when it is being driven by an employee of the MTR Corporation Limited in the course of its removal from any railway premises, station approach road or entrance under the Mass Transit Railway By-laws (Cap 270 sub. leg.); or (Added 49 of 1981 s. 2. Amended 13 of 2000 s. 65) (c) any motor vehicle owned by a person, other than a person specified in an order made by the Governor in Council for the purposes of this paragraph, who has made a deposit with the Director of Accounting Services to the value of $2000000 and has not required such deposit to be returned to him, at any time when such motor vehicle is being driven by the owner or by a servant of the owner in the course of his employment, or is otherwise subject to the control of the owner. (Amended 21 of 1968 s. 3; L.N. 16 of 1977; 46 of 1985 s. 2) [cf. 1930 c. 43 s. 35 U.K.] Cap 272 s 5 Provisions regarding deposits under section 4 The following provisions shall apply in relation to any deposit made under section 4(4)(c)- (Amended 21 of 1968 s. 4) (a) a deposit may be made in cash or in securities approved by the Director of Accounting Services (hereinafter referred to as approved securities), or partly in cash and partly in approved securities and the value of securities shall be taken as the market value on the day of deposit; (b) when approved securities are deposited the depositor shall, if so required by the Director of Accounting Services, take, at or before the time they are so deposited, such steps as the Director of Accounting Services may require to vest the same in the Director of Accounting Services; (Amended L.N. 162 of 1993) (c) the Director of Accounting Services may permit the substitution of other approved securities for those previously deposited or the substitution of cash for approved securities, or vice versa, and may where he considers that the approved securities have fallen below their value at the time of the deposit, require the depositor to deposit the difference in value in further approved securities or cash; (d) the Director of Accounting Services shall return the deposit to the depositor by repaying to him any cash deposited or retransferring to him any securities, as the case may be, if- (i) the depositor has in writing requested the Director of Accounting Services to return the deposit; or (ii) an order is made by the Governor in Council under paragraph (c) of section 4(4) specifying the depositor for the purposes of that paragraph; (Replaced 46 of 1985 s. 3)(e) subject to the provisions of paragraph (f), the deposit shall be deemed to form part of the assets of the depositor and the interest or dividends accruing due in respect thereof shall be payable to the depositor; (f) no part of the deposit shall, so long as any liabilities, being such liabilities as are required to be covered by a policy of insurance under this Ordinance, which have been incurred by the depositor, have not been discharged or otherwise provided for, be applicable in discharge of any other liabilities incurred by the depositor. (Amended L.N. 16 of 1977) Cap 272 s 6 Requirements in respect of policies (1) In order to comply with the requirements of this Ordinance, a policy of insurance must be a policy which- (a) is issued by an authorized insurer; and (b) insures such person, persons or classes of persons as may be specified in the policy in respect of any liability which may be incurred by him or them in respect of the death of or bodily injury to any person caused by or arising out of the use of the motor vehicle on a road and arising out of one event for an amount not less than that as may be prescribed: (Amended 46 of 1995 s. 4)Provided that such a policy shall not be required to cover- (i) liability in respect of the death arising out of and in the course of his employment of a person in the employment of a person insured by the policy or of bodily injury sustained by such a person arising out of and in the course of his employment; or (ii) (Repealed 22 of 1976 s. 3) (iii) any contractual liability.(1A) For the avoidance of doubt, the liability covered by a policy required by subsection (1) may be inclusive of the liability for interest, costs and expenses indemnified under the policy and other costs and expenses incurred by the insured and recoverable from the insurer under the policy. (Added 46 of 1995 s. 4) (2) Notwithstanding anything in any law, a person issuing a policy of insurance under this section shall be liable to indemnify the persons or classes of persons specified in the policy in respect of any liability which the policy purports to cover in the case of those persons or classes of persons. (3) A policy shall be of no effect for the purposes of this Ordinance unless and until there is issued by the insurer in favour of the person by whom the policy is effected a certificate (in this Ordinance referred to as a certificate of insurance) in the prescribed form and containing such particulars of any conditions subject to which the policy is issued and of any other matters as may be prescribed, and different forms and different particulars may be prescribed in relation to different cases or circumstances. [cf. 1930 c. 43 s. 36 U.K.] Cap 272 s 7 Requirements in respect of securities (1) In order to comply with the requirements of this Ordinance a security in respect of third party risks must- (a) be given either by an authorized insurer or by some body of persons which carries on in Hong Kong the business of giving securities of a like kind and which- (i) has deposited and keeps deposited with the Director of Accounting Services the sum of $1000000 in respect of that business; or (Amended L.N. 16 of 1977) (ii) has been exempted by the Authority, under the provisions of subsection (2) from the obligation to make such deposit; (Amended 46 of 1985 s. 4)(b) consist of an undertaking by the giver of the security to make good, subject to any conditions specified therein, and up to the amount, in the case of an undertaking carrying on the business of transporting for hire or reward passengers by motor vehicles, of not less than $2000000 and, in any other case, of not less than $400000, any failure by the owner of the vehicle or such other persons or classes of persons as may be specified in the security duly to discharge any such liability as is required to be covered by a policy of insurance under section 6 which may be incurred by him or them. (Amended 46 of 1985 s. 4)(2) The Authority may grant exemption from the obligation to make a deposit under subsection (1)(a), either in relation to any specific body of persons or in relation to any class of body of persons: Provided that the Authority shall not grant exemption as aforesaid unless the Authority is satisfied as to the financial stability of the body of persons, or the body of persons of the class in question, as the case may be. (3) The provisions of section 5 shall apply mutatis mutandis in relation to any deposit made under subsection (1)(a) of this section, subject to the modification that for paragraph (d) of the said section 5 there shall be substituted the following paragraph- "(d) subject to the provisions of paragraph (f) of this section, the deposit shall be retained by the Director of Accounting Services so long as the depositor carries on in Hong Kong the business in respect of which the deposit is made;". (Amended 46 of 1985 s. 4)(4) A security shall be of no effect for the purposes of this Ordinance unless and until there is issued by the person giving the security in favour of the person to whom it is given a certificate (in this Ordinance referred to as a certificate of security) in the prescribed form and containing such particulars of any condition subject to which the security is issued and of any other matters as may be prescribed in relation to different cases or circumstances. [cf. 1930 c. 43 s. 37 U.K.] Cap 272 s 8 (Repealed 20 of 1987 s. 2) Cap 272 s 9 Certain conditions to policies or securities to be of no effect Any condition in a policy or security issued or given for the purposes of this Ordinance, providing that no liability shall arise under the policy or security, or that any liability so arising shall cease, in the event of some specified thing being done or omitted to be done after the happening of the event giving rise to a claim under the policy or security, shall be of no effect in connection with such claims as are mentioned in section 6(1)(b): Provided that nothing in this section shall be taken to render void any provisions in a policy or security requiring the person insured or secured to repay to the insurer or the giver of the security any sums which the latter may have become liable to pay under the policy or security and which have been applied to the satisfaction of the claims of third parties. [cf. 1930 c. 43 s. 38 U.K.] Cap 272 s 10 Duty of insurers to satisfy judgments against persons insured in respect of third party risks (1) If, after a certificate of insurance has been issued under section 6(3) in favour of the person by whom a policy has been effected, judgment in respect of any such liability as is required to be covered by a policy under section 6(1)(b) (being a liability covered by the terms of the policy) is obtained against any person insured by the policy, then, notwithstanding that the insurer may be entitled to avoid or cancel, or may have avoided or cancelled, the policy, the insurer shall, subject to the provisions of this section, pay to the persons entitled to the benefit of the judgment any sum payable thereunder in respect of the liability, including any amount payable in respect of costs and any sum payable in respect of interest on that sum by virtue of any law relating to interest on judgments. (2) No sum shall be payable by an insurer under the foregoing provisions of this section- (a) in respect of any judgment, unless before or within 7 days after the commencement of the proceedings in which the judgement was given, the insurer had notice of the bringing of the proceedings; or (b) in respect of any judgment, so long as execution thereon is stayed pending an appeal; (Amended 46 of 1995 s. 5) (c) in connection with any liability, if before the happening of the event which was the cause of the death or bodily injury giving rise to the liability the policy was cancelled by mutual consent or by virtue of any provision contained therein, and either- (i) before the happening of the said event the certificate of insurance was surrendered to the insurer, or the person in whose favour the certificate was issued made a statutory declaration stating that the certificate had been lost or destroyed; or (ii) after the happening of the said event, but before the expiration of a period of 14 days from the taking effect of the cancellation of the policy, the certificate was surrendered to the insurer, or the person in whose favour the certificate was issued made such a statutory declaration as aforesaid; or (iii) either before or after the happening of the said event, but within the said period of 14 days, the insurer has as commenced proceedings under this Ordinance in respect of the failure to surrender the certificate; or (Amended 46 of 1995 s. 5)(d) in respect of any sum adjudged to be payable under the judgment in excess of the amount covered by the policy of insurance after deducting therefrom any amount which is either paid or due and payable by the insurer under the policy (otherwise than by virtue of the judgment) in respect of the same event. (Added 46 of 1995 s. 5)(3) No sum shall be payable by an insurer under the foregoing provisions of this section, if, in an action commenced before, or within 3 months after, the commencement of the proceedings in which the judgment was given, he has obtained a declaration that, apart from any provision contained in the policy, he is entitled to avoid it on the ground that it was obtained by the non-disclosure of a material fact, or by a representation of fact which was false in some material particular, or, if he has avoided the policy on that ground, that he was entitled so to do apart from any provision contained in it: Provided that an insurer who has obtained such a declaration as aforesaid in an action shall not thereby become entitled to the benefit of this subsection as respects any judgement obtained in proceedings commenced before the commencement of that action, unless before or within 7 days after the commencement of that action he has given notice thereof to the person who is the plaintiff in the said proceedings specifying the non-disclosure or false representation on which he proposes to rely, and any person to whom notice of such an action is so given shall be entitled, if he thinks fit, to be made a party thereto. (4) If the amount which an insurer becomes liable under this section to pay in respect of a liability of a person insured by a policy exceeds the amount for which he would, apart from the provisions of this section, be liable under the policy in respect of that liability, he shall be entitled to recover the excess from that person. (5) In this section, the expression "material" (具关键性) means of such a nature as to influence the judgment of a prudent insurer in determining whether he will take the risk, and, if so, at what premium and on what conditions; and the expression "liability covered by the terms of the policy" (保险单条款承保的法律责任) means a liability which is covered by the policy or which would be so covered but for the fact that the insurer is entitled to avoid or cancel, or has avoided or cancelled, the policy. (6) In this Ordinance, references to a certificate of insurance in any provision relating to the surrender, or the loss or destruction, of a certificate of insurance shall, in relation to policies under which more than one certificate is issued, be construed as references to all the certificates, and shall, where any copy has been issued of any certificate, be construed as including a reference to that copy. [cf. 1934 c. 50 s. 10 U.K.] Cap 272 s 11 Bankruptcy, etc., of insured persons not to affect certain claims by third parties Where a certificate of insurance has been issued under section 6(3) in favour of the person by whom a policy has been effected, the happening in relation to any person insured by the policy of any such event as is mentioned in section 2(1) or (2) of the Third Parties (Rights against Insurers) Ordinance (Cap 273) shall, notwithstanding anything in that Ordinance, not affect any such liability of that person as is required to be covered by a policy under section 6(1)(b), but nothing in this section shall affect any rights against the insurer conferred by that Ordinance on the person to whom the liability was incurred. [cf. 1934 c. 50 s. 11 U.K.] Cap 272 s 12 Avoidance of restrictions on scope of policies covering third party risks (1) Where a certificate of insurance has been issued under section 6(3) in favour of the person by whom a policy has been effected, so much of the policy as purports to restrict the insurance of the persons insured thereby by reference to any of the following matters- (a) the age or physical or mental condition of persons driving the vehicle; or (b) the condition of the vehicle; or (c) the number of persons that the vehicle carries; or (d) the weight or physical characteristics of the goods that the vehicle carries; or (e) the times at which or the areas within which the vehicle is used; or (f) the horsepower or value of the vehicle; or (g) the carrying on the vehicle of any particular apparatus; or (h) the carrying on the vehicle of any particular means of identification other than any means of identification required to be carried by or under this Ordinance or by or under the Road Traffic Ordinance (Cap 374),shall, as respects such liabilities as are required to be covered by a policy under section 6(1)(b), be of no effect: Provided that nothing in this section shall require an insurer to pay any sum in respect of the liability of any person otherwise than in or towards the discharge of that liability, and any sum paid by an insurer in or towards the discharge of any liability of any person which is covered by the policy by virtue only of this section shall be recoverable by the insurer from that person. (2) Where a person uses, or causes or permits any person to use, a motor vehicle on a road in such circumstances that under section 4(1) there is required to be in force in relation to his use of it such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Ordinance, then, if any other person is carried in or upon the vehicle while the user is so using it, any antecedent agreement or understanding between them (whether intended to be legally binding or not) shall be of no effect so far as it purports or might be held- (a) to negative or restrict any such liability of the user in respect of persons carried in or upon the vehicle as is required by section 6(1) to be covered by a policy of insurance; or (b) to impose any conditions with respect to the enforcement of any such liability of the user,and the fact that a person so carried has willingly accepted as his the risk of negligence on the part of the user shall not be treated as negativing any such liability of the user. (Added 22 of 1976 s. 4) (3) For the purposes of subsection (2)- (a) references to a person being carried in or upon a vehicle include references to a person entering or getting on to, or alighting from, the vehicle; and (b) the reference to an antecedent agreement is to one made at any time before the liability a rose. (Added 22 of 1976 s. 4) [cf. 1934 c. 50 s. 12 U.K.] Cap 272 s 13 Duty of person against whom claims are made to give information as to insurance (1) Any person against whom a claim is made in respect of any such liability as is required to be covered by a policy under section 6(1)(b) shall, on demand by or on behalf of the person making the claim, state whether or not he was insured in respect of that liability by any policy having effect for purposes of this Ordinance, or would have been so insured if the insurer had not avoided or cancelled the policy, and, if he was or would have been so insured, give such particulars with respect to that policy as were specified in the certificate of insurance issued in respect thereof under section 6(3). (2) If, without reasonable excuse, any person fails to comply with the provisions of this section, or wilfully makes any false statement in reply to any such demand as aforesaid, he shall be guilty of an offence. [cf. 1934 c. 50 s. 13 U.K.] Cap 272 s 14 Duty to surrender certificate on cancellation of policy Where a certificate of insurance has been issued under section 6(3) in favour of the person by whom a policy has been effected and the policy is cancelled by mutual consent or by virtue of any provision in the policy, the person in whose favour the certificate was issued shall, within 7 days from the taking effect of the cancellation, surrender the certificate to the insurer or, if it has been lost or destroyed, make a statutory declaration to that effect, and if he fails so to do he shall be guilty of an offence. [cf. 1934 c. 50 s. 14 U.K.] Cap 272 s 15 Application of sections 10 to 14 to securities Expanded Cross Reference: 10, 11, 12, 13, 14 The provisions of sections 10 to 14 inclusive shall apply in relation to securities having effect for the purposes of this ordinance as they apply in relation to policies of insurance, and in relation to any such security as aforesaid, references in the said sections to being insured, shall be construed respectively as references to the having in force of the security, to the certificate of security, to the giver of the security, and to the persons whose liability is covered by the security. (Amended L.N. 162 of 1993) [cf. 1934 c. 50 s.15 UK.] Cap 272 s 16 Requirements as to production of certificate of insurance or of security (1) Any person driving a motor vehicle on a road shall, on being so required by any police officer, give his name and address and the name and address of the owner of the motor vehicle and produce his certificate, and if he fails so to do or gives a false name or address he shall be guilty of an offence: Provided that, if the driver of a motor vehicle within 5 days after the date on which the production of his certificate was so required, produces the certificate together with the policy of insurance to which such certificate relates, in person at such police station as may have been specified by him at the time the production of the certificate was required, he shall not be convicted under this subsection of the offence of failing to produce his certificate. (2) It shall be the duty of the owner of a motor vehicle to give such information as he may be required by or on behalf of a police officer not below the rank of inspector- (a) as to the identity of the driver of the motor vehicle on any occasion when the driver was required under subsection (1) to produce his certificate; or (b) for the purpose of determining whether the vehicle was or was not being driven in contravention of section 4 on any occasion when the driver was required under this section to produce his certificate,and if the owner fails to do so, he shall be guilty of an offence. (3) If in any case where, owing to the presence of a motor vehicle on a road, an accident occurs involving personal injury to another person, the driver of the motor vehicle does not at any time produce his certificate to a police officer or to some person who, having reasonable grounds for so doing, has required its production, the driver shall report the accident at a police station as soon as possible, and in any case within 24 hours of the occurrence of the accident and there produce his certificate, and if he fails so to do, he shall be guilty of an offence: Provided that a person shall not be convicted under this subsection of the offence of failing to produce his certificate if, within 5 days after the occurrence of the accident, he produces the certificate in person together with the policy of insurance to which the certificate relates at such police station as may have been specified by him at the time the accident was reported. (4) In this section, the expression "produce his certificate" (出示其证书) means produce for examination the relevant certificate of insurance or certificate of security or such other evidence that the motor vehicle is not or was not being driven in contravention of section 4 as may be prescribed. (Amended L.N. 587 of 1995) [cf. 1930 c. 43 s. 40 U.K.] Cap 272 s 17 Forgery, etc., of certificates (1) If, with intent to deceive, any person- (a) forges, within the meaning of Part IX (Forgery Related Offences) of the Crimes Ordinance (Cap 200), or uses or lends to or allows to be used by any other person, a certificate of insurance or certificate of security within the meaning of this Ordinance; or (Amended 49 of 1992 s. 5) (b) makes or has in his possession any document so closely resembling such a certificate as to be calculated to deceive,he shall be guilty of an offence triable upon indictment. (Amended 50 of 1991 s. 4) (2) If any person for the purpose of obtaining the issue of a certificate of insurance or of a certificate of security under this Ordinance makes any false statement or withholds any material information, he shall be guilty of an offence and shall be liable to a fine of $1000 and to imprisonment for 6 months. (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.]
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