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Following is a question by the Hon Albert Cheng and a written reply by the Secretary for the Environment, Transport and Works, Dr Sarah Liao, at the Legislative Council meeting today (February 8) :
Question:
It was reported that, when handling a traffic accident involving a person suspected of drink-driving in January this year, the police officer at the scene did not assess the alcohol level of that person immediately by using the portable breath screening device (commonly known as "breathalysing"). The screening breath tests were conducted in a seven-seat station wagon that that person subsequently called to the scene. Although the results of the first breath test indicated that his alcohol level exceeded the prescribed limit, the police officer breathalysed that person twice again, and these test results indicated that the prescribed limit had not been exceeded. The Police did not conduct further investigation to ascertain if that person had committed the drink-driving offence. In this connection, will the Government inform this Council:
(a) whether the Police have guidelines to specify the breathalysing procedures; if so, whether the breathalysing arrangements in the above case complied with the prescribed procedures, and whether special treatment was given to the person concerned;
(b) whether persons suspected of drink-driving are given the right to choose the place for breathalysing, and whether they can be breathalysed in places other than a police station or the scene of incident; and
(c) how many times a person suspected of drink-driving is normally required to be breathalysed in a breath test; if more than once is required, how the Police will handle the discrepancies in the test results, and whether there are on-site testing methods which are more sophisticated than breathalysing?
Reply :
Madam President,
The Police have guidelines that specify the circumstances that require screening breath tests and the procedures for such tests. As the case referred to in the question is still under investigation and in view of privacy considerations, we are not in a position to offer comments.
The location for conducting screening breath test is determined by the police officer. He will take into account the site conditions, such as whether it is safe and spacious enough to conduct the test. A person who is subject to the screening breath test has to provide a specimen at or near the place as required by a police officer, or at a breath test centre, a police station or a hospital specified by the police officer.
The current legislation has not specified the number of screening breath tests that a motorist has to take. If the specimen of breath taken is not sufficient to enable the test to be carried out satisfactorily, the police officer can require the motorist to provide further specimens. However, if the specimen is sufficient to enable the test to be carried out, the police officer on site will normally not require a motorist to take further breath tests unless he has reason to believe that there are problems with the test equipment. Discrepancies in test results hence will not arise under normal circumstances. At present, there is no information that indicates the availability of other more accurate on-site testing methods. The Police will continue to keep in view the development of new methods for alcohol testing.
Ends/Wednesday, February 8, 2006
Issued at HKT 12:22
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