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The Government published in the Gazette today (December 23) the Road Traffic (Amendment) Ordinance 2011, which aims to impose stricter controls over drug driving and to provide the Police with necessary powers to combat drug driving more effectively.
The Ordinance brings in a "zero-tolerance offence" against six specified illicit drugs, namely heroin, ketamine, methamphetamine (commonly called ice), cannabis, cocaine and MDMA (commonly called ecstasy), which are dangerous drugs and the most common drugs of abuse.
A government spokesman said, "Driving with any concentration of the six specified illicit drugs present in the blood or urine will constitute an offence, even if the driver does not show any signs of being under the influence of these drugs.
"A person who commits the 'zero-tolerance offence' will be liable to a fine of $25,000 and to imprisonment for three years. The person will also be subject to driving disqualification for not less than two years on a first conviction, and not less than five years on a subsequent conviction."
In a case in which a person is driving under the influence of a specified illicit drug to such an extent as to be incapable of having proper control of the motor vehicle, he or she will be liable to heavier penalties, viz a minimum driving disqualification period of five years on a first conviction, and 10 years on a subsequent conviction, in addition to a maximum fine of $25,000 and a maximum imprisonment term of three years. The court may order life disqualification from driving if the person is a repeat offender of the same offence and with regard to the circumstances of the case.
"For the offence of driving under the influence of a drug, which is not a specified illicit drug, to such an extent as to be incapable of having proper control of the motor vehicle, the person will be liable to a maximum fine of $25,000 and to a maximum imprisonment term of three years. The person will also be subject to driving disqualification for not less than six months on a first conviction, and not less than two years on a subsequent conviction. A statutory defence will be provided to drivers who have taken appropriate measures to avoid drug driving," the spokesman said.
The Ordinance also correspondingly increases the driving disqualification period for a person convicted of dangerous driving causing death offence to not less than five years on a first conviction, and not less than 10 years on a subsequent conviction. Furthermore, the court may order a repeat offender life disqualification from driving, having considered the circumstances of the case, in order to maintain the relativity in penalties between the dangerous driving causing death offence and the new offence of driving under the influence of a specified illicit drug.
The Ordinance empowers a police officer to require a person to undergo preliminary drug tests (which may include the Drug Influence Recognition Observation, the Impairment Test and/or the Rapid Oral Fluid Test) if the police officer suspects that the driver has been driving under the influence of a drug, was involved in a traffic accident or has committed a traffic offence when driving.
On completion of the Drug Influence Recognition Observation, if a police officer is of the opinion that the driver is under the influence of a drug, he or she may request the driver to undergo a Rapid Oral Fluid Test and/or an Impairment Test. Since the technology related to rapid testing for drugs in oral fluid is newly developed, the Police will, for the time being, make use of the Drug Influence Recognition Observation and the Impairment Test as preliminary drug tests. The Rapid Oral Fluid Test will be introduced as soon as a suitable and reliable rapid oral fluid testing device becomes available.
A driver assessed to have taken any of the six specified illicit drugs, or assessed to be impaired after the preliminary tests, will be required to provide specimens of blood and/or urine for laboratory analysis. It will be an offence for the driver to refuse to perform the preliminary drug tests or provide blood and/or urine specimens for laboratory analysis without a reasonable excuse. The driver will be required to surrender his or her driving licence to the Police for 24 hours as he or she would be unfit to drive immediately.
Separately, the existing legislation prohibits a person who has been convicted of the dangerous driving causing death offence or the driving under the influence of alcohol or drugs offence during the past five years from applying for a commercial vehicle driving licence. The person would also not be allowed to hold, apply for or renew a driving instructor's licence. The Ordinance extends such prohibition to persons convicted of drug driving related offences, drink driving related offences or the dangerous driving causing grievous bodily harm offence, so as to ensure the quality of commercial vehicle drivers and driving instructors.
The Government will submit two pieces of subsidiary legislation, namely the Commencement Notice and a Legal Notice on Impairment Test, as required by the Ordinance to the Legislative Council for scrutiny as soon as possible. The Police and all relevant departments will continue their preparatory work, including providing the facilities at police stations for conducting Impairment Tests. Suitable education and publicity will also be carried out, including publishing leaflets that set out the categories of drugs that may affect driving for the reference of members of the public.
The spokesman added that the measures to combat drug driving were expected to be implemented in the first quarter of 2012.
Ends/Friday, December 23, 2011
Issued at HKT 17:29
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