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Following is a question by the Hon Miriam Lau and a reply by the Secretary for Transport and Housing, Ms Eva Cheng, at the Legislative Council meeting today (May 27):
Question:
Under section 39 of the Road Traffic Ordinance, a person who drives a motor vehicle while he is under the influence of drink or drugs to such an extent as to be incapable of having proper control of the motor vehicle commits an offence. While the law, as far as drink driving offence is concerned, has now set out clearly the upper limit on alcohol concentration and the arrangements for conducting screening breath tests etc., no relevant standards and arrangements are provided in the law in respect of drug driving offence. In this connection, will the Government inform this Council:
(a) of the number of traffic accidents caused by drug driving and the resultant casualties, as well as the number of cases of motorists being convicted of drug driving, in each of the past five years; the penalties imposed on them by the court and the types of drugs involved;
(b) how law enforcement officers currently detect whether a motorist is driving under the influence of drugs, and how they prove such an offence; and
(c) whether it knows how overseas countries regulate drug driving behaviours; if it knows, of the details?
Reply:
President,
Driving under the influence of drug is an irresponsible behaviour. It will endanger both the driver himself and other road users. The Government has spared no efforts in combating drug abuse, and we agree that the question of drug driving should be taken seriously. If drug driving is involved in an accident, or an accident with personal injury or fatality, the relevant driver may be charged with dangerous driving, or dangerous driving causing death.
At present, a great variety of drugs are available in the market and reaction to drugs varies among individuals. Unlike alcohol, it is difficult to ascertain the effect of each type of drug on driving behaviour. For example, presently drugs may mean common off-the-counter medicine, such as painkillers, cough mix, etc, but it may also be prohibited dangerous drugs. The safe dosage for different drugs also differs. Hence, setting relevant standards and arrangements in respect of drug driving offences is a complex and formidable task.
My replies to the three parts of the question are as follows:
(a) There is currently no suitable rapid drug-screening device to ascertain whether the driver involved in a traffic accident has taken drugs. Existing legislation does not empower the Police to require a suspected driver to provide body fluid specimens for the purpose of drug testing. Therefore, we are unable to provide the exact number of traffic accidents and resultant casualties caused by drivers under the influence of drugs.
According to Police records, a total of two drivers were prosecuted in the past five years for driving under the influence of drugs and causing traffic accidents. The drug involved was ketamine. In both cases, only the drivers themselves were injured. Both drivers were convicted, with one of them disqualified from driving for six months and put on probation for twelve months, while the other fined $1,000 and disqualified from driving for one year.
(b) In enforcing section 39 of the Road Traffic Ordinance, if a police officer suspects that a driver is under the influence of alcohol or drugs, he will first require the driver to take a screening breath test to ascertain whether the driver is under the influence of alcohol. The police officer will also observe the driver closely and record his demeanour, including the way he talks and walks, as well as the smell on his breath. If the test result shows that the driver has not consumed alcohol or the alcohol level in his body does not exceed the prescribed limit, and the police officer has reasonable cause to suspect that the driver is under the influence of drugs, the police officer will then ask the driver whether he has taken drugs. The police officer will also search the driver and the vehicle concerned to ascertain whether the driver is in possession of dangerous drugs. If the driver admits that he has taken drugs and the police officer finds dangerous drugs when searching the vehicle or the driver, the police officer will arrest the driver. He will also take the driver to a doctor for examination if necessary.
The observation record made by the police officer, the statements of the parties concerned, the dangerous drugs found, and the blood and urine specimens taken with the driver's consent are all important evidence for prosecution.
(c) We have all along kept a close watch over overseas legislation on drug driving. In general, similar to Hong Kong, there are express provisions in overseas countries making driving under the influence of drugs an offence. Upon conviction, first-time offenders are liable to fines, imprisonment and disqualification from driving. Heavier penalties will be imposed on repeat offenders. However, specific regulatory measures vary among different countries. For example, the legislation of New Zealand does not empower the Police to take body fluid specimens for drug testing. But if a driver involved in a traffic accident is taken to the hospital, the doctor, after examination, may take a blood sample from the driver if he believes that the driver is under the influence of drugs. In Singapore, the United Kingdom and Arizona of the United States, the legislation stipulates that a police officer who has a reasonable cause to suspect, may require the suspect to provide a blood or urine sample for drug testing, and refusal to provide such a sample is an offence. On top of this kind of requirement, the legislation of New South Wales of Australia also empowers the Police to conduct preliminary oral fluid tests on drivers. Any driver who fails the test commits an offence.
We are constantly concerned about the impact of drug driving on road safety. We will continue to follow closely relevant studies and legislative amendments in overseas countries, as well as the development of rapid drug-screening devices, so as to assess how our legislation can be further enhanced. To ensure driving safety, we will continue to remind drivers through publicity and education that they must not take lightly the influence of drugs on driving.
Ends/Wednesday, May 27, 2009
Issued at HKT 12:18
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