- (ii) to give the name and address of the registered owner of the vehicle;
- (d) enter, examine and search a vehicle and any thing therein or thereon;
- (e) detain, if necessary by the use of reasonable force, a driver or a vehicle, or both, until they can be delivered into the custody of a police officer.
(3) Any person who fails to comply with an order, direction or signal given under subsection (2)(a), or any requirement made under subsection (2)(c), commits an offence.
Obligation to give information relating to the driving of vehicles.
(Cap. 220.)
12. (1) Without prejudice to section 29 of the Road Traffic Ordinance, where the driver of a vehicle is suspected of having committed an offence against this Ordinance or the Road Traffic Ordinance at any tunnel, 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 3 months after the date of the alleged offence, give to an authorized 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.
(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 authorized 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 authorized 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 an authorized 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) commits an offence.
(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.
