Page:Road Traffic (Amendment) Ordinance 2000 (33 of 2000).pdf/4

(8) In determining for the purposes of subsection (5) the state of the motor vehicle, regard may be had to anything attached to or carried on or in it and to the manner in which it is attached or carried.

(9) On the trial of any person charged with an offence under subsection (1), the person charged may be acquitted of the offence under subsection (1) and be found guilty of one or more offences under section 38, 39 or 39A.”.

3. Careless driving

Section 38(1) is amended by repealing “of $4,000” and substituting “at level 2”.

4. Section added

The following is added—

“113B. Transitional provisions regarding reckless driving causing death and reckless driving

(1) The repeal of sections 36 and 37 by section 2 of the Road Traffic (Amendment) Ordinance 2000 (33 of 2000) (“the amending Ordinance”) does not—

(a) affect any liability incurred under the repealed section 36 or 37; or

(b) affect—

(i) any penalty or disqualification imposed; or

(ii) any investigation or criminal proceedings instituted, in respect of any offence committed before the commencement of the amending Ordinance against the repealed section 36 or 37; and any such penalty or disqualification may be imposed, and any investigation or criminal proceedings may be instituted or carried on in respect of such offence, as if the amending Ordinance had not been passed.

(2) A person may be convicted of an offence under the repealed section 36 notwithstanding that the death of another person as referred to in the repealed section 36(1) occurs on or after the commencement of the amending Ordinance.

(3) Subsections (1) and (2) shall be in addition to and shall not derogate from section 23 of the Interpretation and General Clauses Ordinance (Cap. 1).”.