Chapter:
375
ROAD TRAFFIC (DRIVING-OFFENCE POINTS)
ORDINANCE
Gazette Number Version Date
Long title
L.N. 256 of 2008 09/02/2009
To provide for the recording of points in relation to various road traffic offences connected with road safety, for the
disqualification from driving of, or the obligatory attendance of driving improvement courses by, persons in
respect of whom a certain number of points have been recorded and for connected purposes.
(Amended 23 of 2008 s. 58)
[25 August 1984] L.N. 295 of 1984
(Originally 28 of 1983)
Section:
1
30/06/1997
Short title
This Ordinance may be cited as the Road Traffic (Driving-offence Points) Ordinance.
Section:
2
Interpretation
L.N. 98 of 2002
01/07/2002
(1) In this Ordinance, unless the context otherwise requires"Commissioner" (署長) means the Commissioner for Transport;
"course certificate" (課程證書) has the meaning assigned to it by section 102A of the Road Traffic Ordinance (Cap
374); (Added 3 of 2002 s. 8)
"domestic driving permit" (當地駕駛許可證) and "domestic driving licence" (當地駕駛執照) have the meanings
assigned to them by the Road Traffic Ordinance (Cap 374); (Added 81 of 1990 s. 2)
"drive" (駕駛) means, in relation to a motor vehicle, to be in charge of or assist in controlling a motor vehicle;
"driving improvement course" (駕駛改進課程) has the meaning assigned to it by section 2 of the Road Traffic
Ordinance (Cap 374); (Added 3 of 2002 s. 8)
"driving licence" (駕駛執照) means a driving licence issued under the Road Traffic Ordinance (Cap 374);
"fixed penalty" ( 定 額 罰 款 ) means a fixed penalty incurred under the Fixed Penalty (Criminal Proceedings)
Ordinance (Cap 240);
"international driving permit" (國際駕駛許可證) has the meaning assigned to it by the Road Traffic Ordinance (Cap
374); (Added 81 of 1990 s. 2)
"motor vehicle" (汽車) has the meaning assigned to it by the Road Traffic Ordinance (Cap 374);
"points" (分、分數) means driving-offence points incurred under this Ordinance;
"register of points" (分收紀錄冊) means the register of points mentioned in section 3;
"scheduled offence" (表列罪行) means an offence mentioned in the Schedule.
(2) For the purposes of this Ordinance, a person becomes liable to a fixed penalty when(a) he pays the fixed penalty in accordance with a notice served on him under section 3(1) or (3) of the
Fixed Penalty (Criminal Proceedings) Ordinance (Cap 240);
(b) he is ordered to pay penalties under section 3A of that Ordinance;
(c) he has notified the Commissioner of Police that he wishes to dispute liability in accordance with a
notice served under section 3(3) of that Ordinance but subsequently pays the fixed penalty, the
additional penalty and costs in accordance with section 9 of that Ordinance; or
(d) his liability to a fixed penalty revives under section 4B. (Replaced 81 of 1990 s. 2)
(3) The provision of the enactment mentioned in the second column of the Schedule shall be deemed to include
any other provision of that enactment which makes the conduct or omission concerned an offence.
Cap 375 - ROAD TRAFFIC (DRIVING-OFFENCE POINTS) ORDINANCE
1
Section:
3
Register of points
L.N. 98 of 2002
01/07/2002
(1) The Commissioner shall maintain a register of points in which he shall record(a) the name, and such further particulars as he thinks fit, of a person who has incurred points;
(b) the number of points incurred by him;
(c) the offence in respect of which the points have been incurred;
(d) the date when the points were incurred under section 4(1) or 5;
(e) the date of the commission of the offence in respect of which the points were incurred; (Amended 3 of
2002 s. 9)
(ea) if applicable, the date on which the person was issued with a course certificate; (Added 3 of 2002 s. 9)
(eb) if applicable, the date on which points were deducted, in accordance with section 6A, from the total
number of points that have been incurred by the person; and (Added 3 of 2002 s. 9)
(f) such other information as he thinks fit.
(2) A document issued under section 75 of the Road Traffic Ordinance (Cap 374) may contain an extract from
the register of points and that section shall apply to that extract as if that extract was a record of a conviction compiled
and maintained by the Commissioner of Police under that section.
(3) The Commissioner may cancel any entry in the register of points in respect of points incurred more than 5
years before.
Section:
4
Recording of points
30/06/1997
(1) Subject to section 6(2), where a person(a) is convicted of a scheduled offence; or
(b) becomes liable to a fixed penalty in respect of a scheduled offence,
he shall incur the appropriate number of points in respect of that offence.
(2) The appropriate number of points in respect of each scheduled offence is that set out opposite that offence
in the Schedule.
(3) The Legislative Council may, by resolution, amend the Schedule.
Section:
4A
Cessation of liability to fixed penalty in certain cases
30/06/1997
(1) Where a person has become liable to a fixed penalty, and(a) the notice issued against him under section 3(1) or (3) of the Fixed Penalty (Criminal Proceedings)
Ordinance (Cap 240) is withdrawn by the Commissioner of Police, under section 4 of that Ordinance;
(b) the order made against him under section 3A(1) of that Ordinance is rescinded by a magistrate under
section 3B(1) of that Ordinance; or
(c) the order for the payment of a fixed penalty made against him under that Ordinance is rescinded by a
magistrate under section 3B(5) of that Ordinance,
as may be appropriate, he shall cease to be liable to the fixed penalty.
(2) Where a person ceases to be liable to a fixed penalty under subsection (1), the points incurred under the
notice or order which has been withdrawn or rescinded, as may be appropriate, shall have no effect and the
Commissioner shall cancel the relevant entry in the register of points if he has already made the entry.
(Added 81 of 1990 s. 3)
Section:
4B
Revival of liability to fixed penalty in certain cases
30/06/1997
Where a person ceases to be liable to a fixed penalty in respect of a scheduled offence under section 4A(1)(b),
his liability to that fixed penalty revives if, as may be appropriate,(a) proceedings in respect of the scheduled offence are subsequently instituted against him and he pays the
fixed penalty and additional penalty in respect of that offence and costs in accordance with section 9 of
the Fixed Penalty (Criminal Proceedings) Ordinance (Cap 240); or
(b) subsequent to the rescission of an order made against him under section 3A(1) of that Ordinance by a
magistrate under section 3B(1) of that Ordinance, the magistrate orders him to pay the fixed penalty
under section 3B(1)(b) of that Ordinance.
Cap 375 - ROAD TRAFFIC (DRIVING-OFFENCE POINTS) ORDINANCE
2
(Added 81 of 1990 s. 3)
Section:
5
Appeal against conviction
30/06/1997
(1) Where an appeal against a conviction for manslaughter is allowed to the extent of substituting a conviction
for a scheduled offence, the Commissioner shall record the appropriate number of points in respect of that scheduled
offence in the register of points; and the appellant shall incur that number of points on the date the appeal is so
allowed.
(2) Where a person appeals against a conviction for a scheduled offence, the points incurred in respect of that
offence shall be of no effect until the appeal is determined and then shall have effect subject to subsections (3) and (4).
(3) Where an appeal against a conviction for a scheduled offence is allowed, the points incurred in respect of
that conviction shall have no effect and the Commissioner shall cancel the entry in the register of points in respect of
that conviction.
(4) Where an appeal against a conviction for a scheduled offence is allowed to the extent of substituting a
conviction for another scheduled offence, the Commissioner shall amend the entry in the register of points to record a
conviction in respect of that other scheduled offence and the appropriate number of points; and the appellant shall
incur that number of points on the date the appeal is so allowed.
Section:
6
Cancellation of points
30/06/1997
(1) Where a person is disqualified from holding or obtaining a driving licence under section 8, the
Commissioner shall cancel those entries in respect of that person in the register of points which relate to the offences
mentioned in subsection (1) of that section and the points incurred in respect of those offences shall have no effect.
(2) Where a person, on being convicted of a scheduled offence, is disqualified under the Road Traffic
Ordinance (Cap 374) from holding or obtaining a driving licence(a) no points shall be incurred in respect of that offence or any other offence of which he is convicted on
the same occasion; and
(b) the Commissioner shall cancel any entries in respect of that person in the register of points which
relate to offences committed before the commission of the offence in respect of which that person is
disqualified and the points incurred in respect of those offences shall have no effect.
Section:
6A
Deduction of points on completion of driving improvement L.N. 98 of 2002
courses
01/07/2002
(1) Subject to subsections (2) and (3), where a person is issued with a course certificate, the Commissioner
shall, as soon as practicable thereafter, cause 3 points to be deducted from the total number of points that have been
incurred by the person under section 4.
(2) No point may be deducted under subsection (1) if, on the date the person completes the driving
improvement course in relation to which he is issued with the course certificate(a) the person(i) has not incurred any point; or
(ii) has incurred 15 or more points; or
(b) the Commissioner has within the past 2 years deducted points under subsection (1) from the total
number of points incurred by the person.
(3) If, on the date the person completes the driving improvement course in relation to which he is issued with
the course certificate, an appeal under section 5(2) against a conviction for a scheduled offence that the person
committed within the past 2 years is in progress, no point may be deducted under subsection (1) pending the
determination of the appeal.
(4) The points deducted under subsection (1)(a) are deemed to have been deducted on the date the person completes the driving improvement course in
relation to which he is issued with the course certificate; and
(b) are, for the purposes of sections 7 and 8, deemed not to have been incurred by the person.
(Added 3 of 2002 s. 10)
Cap 375 - ROAD TRAFFIC (DRIVING-OFFENCE POINTS) ORDINANCE
3
Section:
7
Notice of points
L.N. 98 of 2002
01/07/2002
(1) Subject to sections 4A, 5 and 6, where 8 or more, but less than 15, points have been incurred by a person,
the Commissioner shall serve on that person a notice informing him- (Amended 44 of 1986 s. 2; 81 of 1990 s. 4)
(a) of the number of points incurred by him; and
(b) that if 15 or more points are incurred by him in respect of offences which are committed within a
period of 2 years of each other, he will be disqualified from holding or obtaining a driving licence.
(Amended 63 of 1983 s. 2)
(2) The operation of section 8 shall not be affected by a failure to comply with subsection (1).
(3) For the purposes of subsection (1), in calculating the number of points incurred by a person, any deduction
of points in accordance with section 6A shall be taken into account. (Added 3 of 2002 s. 11)
Section:
8
Disqualification
L.N. 98 of 2002
01/07/2002
(1) Subject to sections 4A, 5 and 6, where 15 or more points have been incurred by a person in respect of
offences which were committed within a period of 2 years of each other, he shall be liable to be disqualified from
holding or obtaining a driving licence in accordance with this section. (Amended 81 of 1990 s. 5)
(2) Where the circumstances mentioned in subsection (1) arise in relation to any person, the Commissioner
shall apply to a magistrate by way of complaint for the issue of a summons and a summons may be issued specifying
the date of the commission of, and the number of points incurred in respect of, each offence mentioned in subsection
(1).
(3) Upon the hearing of the summons and upon being satisfied that the circumstances set out in subsection (1)
apply to the person on whom the summons was served, the magistrate shall order him to be disqualified from holding
or obtaining a driving licence(a) for a period of 3 months from the date of the order if no previous disqualification has been imposed on
him under this Ordinance; and
(b) for a period of 6 months from the date of the order if any previous disqualification has been imposed
on him under this Ordinance,
unless the magistrate is satisfied, having regard to all the circumstances not excluded by subsection (4), that there are
grounds to order a shorter period of disqualification or not to order him to be disqualified.
(4) No account shall be taken under subsection (3) of(a) any circumstances that are alleged to make the offence not a serious one;
(b) hardship, other than exceptional hardship; or
(c) any circumstances which, within 2 years immediately preceding the issue of the summons under
subsection (2), have been taken into account under subsection (3) in ordering a shorter period of
disqualification or not ordering a disqualification. (Amended 63 of 1983 s. 3)
(4A) Account shall be taken under subsection (1) of any deduction of points in accordance with section 6A.
(Added 3 of 2002 s. 12)
(5) (Repealed 81 of 1990 s. 5)
(6) Any disqualification imposed under subsection (3) shall apply to the driving of all classes of motor vehicles
shown on the driving licence.
(7) Where a person is disqualified under this section, his driving licence, international driving permit, domestic
driving permit and domestic driving licence, if any, whether obtained before or during the period of disqualification,
shall be of no effect so long as the disqualification continues in force. (Replaced 81 of 1990 s. 5)
(8) (Repealed 81 of 1990 s. 5)
Section:
8AA
Obligatory attendance of driving improvement courses
L.N. 256 of 2008 09/02/2009
(1) Subject to sections 4A, 5 and 6, where a person incurs 10 or more points in respect of offences that were
committed during a period of 2 years, the person shall attend and complete a driving improvement course at his own
cost(a) within 3 months after the date of a notice served on him under subsection (2); or
(b) if the Commissioner has fixed a longer period under subsection (3), within the period after the date of a
notice served on him under subsection (2).
(2) For the purposes of subsection (1), the Commissioner shall serve on the person a noticeCap 375 - ROAD TRAFFIC (DRIVING-OFFENCE POINTS) ORDINANCE
4
(a) specifying(i) the number of points incurred by him; and
(ii) the offence in respect of which the points have been incurred; and
(b) informing him that he shall attend and complete a driving improvement course at his own cost in
accordance with subsection (1)(a) or (b).
(3) If the Commissioner, on an application by the person, considers that the person is not able to, or has failed
to, attend and complete a driving improvement course at his own cost within 3 months after the date of the notice with
reasonable excuse, the Commissioner(a) may fix a longer period within which the person shall attend and complete the course for the purposes
of subsection (1); and
(b) shall, as soon as practicable after fixing the period, notify the person of his decision.
(4) An application for the purposes of subsection (3) is to be made by the person in writing to the
Commissioner before the end of the period of 3 months.
(5) A person who, without reasonable excuse, contravenes subsection (1) commits an offence and is liable on
conviction to a fine at level 2 and to imprisonment for 1 month.
(6) If a court or magistrate convicts a person of an offence under subsection (5), the court or magistrate shall
order the person to attend and complete a driving improvement course at his own cost within the period specified in
the order, unless the court or magistrate for special reasons decides not to make such an order.
(7) A person who, without reasonable excuse, fails to comply with the order made under subsection (6)
commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 2 months.
(8) If a court or magistrate convicts a person of an offence under subsection (7), and the person is not
disqualified, the court or magistrate shall order that the person be disqualified for a period of not less than 3 months, or
until the person has attended and completed a driving improvement course at his own cost, whichever is the later,
unless the court or magistrate for special reasons orders that the person be disqualified for a shorter period or that the
person not be disqualified.
(9) If a person is ordered to attend and complete a driving improvement course under subsection (6), he may
appeal against the order in like manner as if it were an order made against him for the payment of a fine.
(10) If a person appeals against an order under subsection (9), the period specified in the order within which the
person is required to attend and complete a driving improvement course does not commence or continue to run, as the
case may be, until the appeal is withdrawn or dismissed.
(11) For the purposes of subsection (8), a person is disqualified for a shorter period if he is disqualified for a
period of less than 3 months, or until the person has attended and completed a driving improvement course at his own
cost, whichever is the later.
(Added 23 of 2008 s. 59)
Section:
8A
Calculation of points
L.N. 256 of 2008 09/02/2009
(1) In calculating the number of points incurred for the purposes of sections 7, 8 and 8AA, where 2 or more of
the offences in respect of which points have been incurred are constituted by the same, or substantially the same, act,(Amended 23 of 2008 s. 60)
(a) only that offence attracting the highest number of points; or
(b) where those offences each attract the same number of points, only one of those offences,
shall be taken into account.
(2) If a person, on being convicted of an offence in any proceedings, is ordered under section 72A(1)(b) or (1A)
of the Road Traffic Ordinance (Cap 374) to attend and complete a driving improvement course, that offence, or any
scheduled offence of which he is convicted in those proceedings, is not to be taken into account in calculating the
number of points incurred by the person for the purposes of section 8AA. (Added 23 of 2008 s. 60)
(3) Subsection (4) applies(a) if(i) a person, on having incurred 10 or more points, is required to attend and complete a driving
improvement course under section 8AA(1);
(ii) a notice is served on the person under section 8AA(2) on the requirement; and
(iii) the person has attended and completed a driving improvement course;
(b) if(i) a person, on having incurred 10 or more points, is required to attend and complete a driving
Cap 375 - ROAD TRAFFIC (DRIVING-OFFENCE POINTS) ORDINANCE
5
improvement course under section 8AA(1); and
the person has, on his own initiative, attended and completed a driving improvement course
before a notice is served on him under section 8AA(2) on the requirement; or
(c) if a person has, on his own initiative, attended and completed a driving improvement course before he
is required to do so under section 8AA(1). (Added 23 of 2008 s. 60)
(4) In calculating the number of points incurred by the person for the purposes of section 8AA as at the date of
completion of the driving improvement course(a) the person under subsection (3)(a) or (b) no longer incurs the number of points specified in the notice
served on him under section 8AA(2); and
(b) the person under subsection (3)(c) no longer incurs any number of points that was incurred
immediately before the date of completion of the course. (Added 23 of 2008 s. 60)
(Added 81 of 1990 s. 6)
(ii)
Section:
9
Evidence
4 of 2009
29/05/2009
(1) A certificate stating(a) that the person named in it was convicted of, or became liable to fixed penalties in respect of, the
scheduled offences specified;
(b) the dates upon which the person was convicted or became liable to the fixed penalties;
(c) the dates of the commission of the offences in respect of which the person was convicted or became
liable to the fixed penalties; (Amended 3 of 2002 s. 13)
(d) the number of points incurred in respect of each of the offences; (Amended 3 of 2002 s. 13)
(e) if applicable, the date on which the person was issued with a course certificate; and (Added 3 of 2002
s. 13)
(f) if applicable, the date on which points were deducted, in accordance with section 6A, from the total
number of points that have been incurred by the person, (Added 3 of 2002 s. 13)
and purporting to be signed by or on behalf of the Commissioner shall be admitted in any proceedings under section 8
on its production without further proof; and(i) until the contrary is proved, the magistrate shall presume that the certificate is so signed;
(ii) until the contrary is proved, the magistrate shall presume that the person named in the certificate is the
person named in the proceedings; and
(iii) the certificate shall be prima facie evidence of the facts stated therein.
(2) Where a person on whom a summons issued under section 8(2) is served in accordance with section 14A
alleges that a certificate mentioned in this section is incorrect, the magistrate shall give him an opportunity to apply to
the Commissioner under section 13 and may adjourn the hearing for this purpose. (Amended 4 of 2009 s. 2)
(3) A certificate stating that(a) the person named in it was disqualified from holding or obtaining a driving licence under section 8 of
this Ordinance;
(b) the date upon which such disqualification was imposed; and
(c) the period of such disqualification,
and purporting to be signed by or on behalf of the Commissioner shall be admitted in any proceedings before any
court without further proof; and(i) until the contrary is proved, the court shall presume that the certificate is so signed;
(ii) until the contrary is proved, the court shall presume that the person named in the certificate is the
person named in the proceedings; and
(iii) the certificate shall be prima facie evidence of the facts stated therein.
Section:
10
Deposit of driving licence
30/06/1997
Where a magistrate makes an order under section 8 that a person shall be disqualified from holding or obtaining
a driving licence and at the date of such order the person holds a driving licence, an international driving permit, a
domestic driving permit or a domestic driving licence, he shall deposit the licence or permit with the magistrate within
72 hours of the making of the order or such longer period as the magistrate may determine.
(Amended 81 of 1990 s. 7)
Cap 375 - ROAD TRAFFIC (DRIVING-OFFENCE POINTS) ORDINANCE
6
Section:
11
30/06/1997
Notice of order
Where a magistrate orders under section 8 that a person shall be disqualified from holding or obtaining a driving
licence, the magistrate shall forthwith cause notice of the order to be sent to the Commissioner and the Commissioner
of Police and if such person at the date of the order held a driving licence, an international driving permit, a domestic
driving permit or a domestic driving licence, shall cause such licence or permit to be forwarded to the Commissioner
as soon as it is produced to the magistrate in accordance with section 10.
(Amended 81 of 1990 s. 8)
Section:
11A
30/06/1997
Surrendered licence or permit of a visiting driver
Where, pursuant to section 11, a magistrate has forwarded to the Commissioner an international driving permit,
a domestic driving permit or a domestic driving licence of a person who has been ordered to be disqualified from
holding or obtaining a driving licence, the commissioner shall(a) record particulars of the disqualification on the permit or licence;
(b) send the holder's name and address together with the particulars of disqualification to the authority by
whom the permit or licence was issued; and
(c) withhold the permit or licence until the holder leaves Hong Kong or until the period of disqualification
expires, whichever is the earlier.
(Added 81 of 1990 s. 9)
Section:
12
30/06/1997
Offence and penalty
(1) Any person against whom an order under section 8 is made who fails, without reasonable excuse, to comply
with section 10 commits an offence and is liable to a fine of $3000 and to imprisonment for 1 month.
(2) If a person disqualified under this Ordinance from holding or obtaining a driving licence(a) applies for or obtains a driving licence while he is so disqualified; or
(b) while he is so disqualified drives a motor vehicle,
he commits an offence and is liable to a fine of $10000 and to imprisonment for 12 months.
Section:
13
30/06/1997
Correction of record
(1) Where the Commissioner is of the opinion that an entry in the register of points in respect of any person is
incorrect, he shall, after consultation with the Commissioner of Police, rectify the register and shall in writing notify
that person of the rectification.
(2) Any person, who considers that an entry in the register of points in respect of him is incorrect, may apply,
with such information as the Commissioner may require, for rectification of the register.
(3) Upon receipt of any application under subsection (2), the Commissioner shall examine the register of points
and if he is satisfied(a) that the register is correct, refuse to rectify it; or
(b) that the register is incorrect, rectify it,
and shall in writing notify the applicant of his decision.
Section:
14
Service of notice*
4 of 2009
29/05/2009
Any notice required under this Ordinance to be given to any person may be served on him in person or by
forwarding it by post or registered post to his address shown in the record of driving licences kept by the
Commissioner under the Road Traffic Ordinance (Cap 374).
(Amended 23 of 2008 s. 61)
_________________________________________________________________________________________
Note:
* (Replaced 4 of 2009 s. 3)
Cap 375 - ROAD TRAFFIC (DRIVING-OFFENCE POINTS) ORDINANCE
7
Section:
14A
4 of 2009
Service of summons
29/05/2009
(1) A summons issued under section 8(2) may be served on a person by hand in accordance with subsection (2)
or by post in accordance with subsection (3).
(2) If the summons is to be served on a person by hand, the summons must be served by a police officer, usher
or other officer of a magistrate's court—
(a) delivering it to the person personally; or
(b) leaving it with a third person for the person at the person's address shown in the record of driving
licences kept by the Commissioner under the Road Traffic Ordinance (Cap 374).
(3) If the summons is to be served on a person by post, the summons must be served by forwarding it by
ordinary post or registered post to the person by prepaying and posting an envelope addressed to the person at the
person's address shown in the record of driving licences kept by the Commissioner under the Road Traffic Ordinance
(Cap 374) and containing the summons.
(4) If the summons is served by ordinary post, and the person to be served fails to appear at the time and place
specified in the summons for the appearance of the person, the service is deemed to have never been effected and the
summons must then be served on the person by hand or by registered post.
(5) If the summons is served by registered post, the summons is deemed to have been served at the time at
which it would have been delivered in the ordinary course of post, even if it is returned through the post undelivered to
the person to be served.
(Added 4 of 2009 s. 4)
Section:
15
30/06/1997
Delegation
The Commissioner may delegate any of his functions under this Ordinance to any public officer.
Section:
16
4 of 2009
Procedure
29/05/2009
(1) Where a summons issued under section 8(2) has been served on a person in accordance with section 14A a
reasonable time before the hearing and that person fails to appear at the hearing, the magistrate may proceed to deal
with the matter in the absence of that person.
(1A) Subsection (1) does not empower the magistrate to order a person to be disqualified from holding or
obtaining a driving licence in the absence of that person. (Added 4 of 2009 s. 5)
(2) Subject to subsections (1) and (1A), the Magistrates Ordinance (Cap 227) shall apply, with any necessary
adaptations and as far as it is consistent with this Ordinance, to proceedings under this Ordinance as it applies to
proceedings in respect of a summary offence.
(Amended 4 of 2009 s. 5)
Section:
17
Application to persons in public service of State
3 of 2002
01/07/1997
Remarks:
Adaptation amendments retroactively made - see 3 of 2002 s. 16
This Ordinance shall apply to persons in the public service of the State.
(Amended 3 of 2002 s. 16)
Schedule:
7 of 2016
SCHEDULE
07/08/2016
[sections 2 & 4]
Offence
Item
Section, Regulation or
By-law
Cap 375 - ROAD TRAFFIC (DRIVING-OFFENCE POINTS) ORDINANCE
Description of general nature
of offence
Points
8
Road Traffic
Ordinance
(Cap 374)
1
Section 36(1)
Causing death by dangerous driving
10
1A
Section 36A(1)
Causing grievous bodily harm by dangerous driving
10
2
Section 37(1)
Dangerous driving
10
3
Section 38(1)
Careless driving
4
Section 39
Driving, attempting to drive or being in charge of a motor vehicle
under the influence of drink
10
4A
Section 39A
Driving, attempting to drive or being in charge of a motor vehicle with
alcohol concentration above prescribed limit
10
4B
Section 39B(6)
Failing to provide a specimen of breath for screening breath test
without reasonable excuse
10
4C
Section 39C(15)
Failing to provide a specimen of breath for breath analysis or a
specimen of blood or urine for laboratory test, or failing to give
consent to laboratory test of a specimen of blood, without reasonable
excuse
10
4D
Section 39J(1)
Driving, attempting to drive or being in charge of a motor vehicle under
the influence of a specified illicit drug
10
4E
Section 39K(1)
Driving, attempting to drive or being in charge of a motor vehicle while
any concentration of a specified illicit drug is present in the blood or
urine
10
4F
Section 39L(1)
Driving, attempting to drive or being in charge of a motor vehicle under
the influence of a drug other than a specified illicit drug
10
4G
Section 39O(1)
Failing to undergo an Impairment Test or provide a specimen of oral
fluid without reasonable excuse
10
4H
Section 39S(1)
Failing to provide a specimen of blood or urine for laboratory test, or
failing to give consent to the analysis of a specimen of blood, without
reasonable excuse
10
5
Section 41
Driving in excess of speed limit by more than 15 kilometres an hour,
other than where item 5A or 5B applies
3
5A
Section 41
Driving in excess of speed limit by more than 30 kilometres an hour,
other than where item 5B applies
5
5B
Section 41
Driving in excess of speed limit by more than 45 kilometres an hour
10
6
Section 55(1)
Driving in a motor race or speed trial on a road
10
7
Section 56(1)
Failing to stop after an accident
5
8
Section 56(2)
Failing to give particulars after an accident
3
9
Section 56(3)
Failing to report an accident
3
10
Section 61
Failing to obey directions of police officer or traffic warden
3
5
Road Traffic
(Traffic Control)
Regulations
(Cap 374 sub. leg. G)
11
Regulation 11(1)
Crossing double white lines
3
12
Regulation 18
Failing to comply with traffic signals
5
13
Regulation 31
Failing to give precedence to pedestrians on zebra crossing
3
Cap 375 - ROAD TRAFFIC (DRIVING-OFFENCE POINTS) ORDINANCE
9
14
Regulation 38(2)
Failing to stop for school crossing patrol
3
Road Tunnels
(Government)
Regulations
(Cap 368 sub. leg. A)
15
Regulation 4(2)
Driving in excess of temporary maximum speed limit by more than 15
kilometres an hour, other than where item 16 or 17 applies
3
16
Regulation 4(2)
Driving in excess of temporary maximum speed limit by more than 30
kilometres an hour, other than where item 17 applies
5
17
Regulation 4(2)
Driving in excess of temporary maximum speed limit by more than 45
kilometres an hour
10
18
Regulation 9(1)(g)
Crossing continuous double lines
3
19
Regulation 18(4)
Crossing a continuous white line with a broken white line of the type
shown in Figure No. 502 in Schedule 2 to the Road Traffic (Traffic
Control) Regulations (Cap 374 sub. leg. G)
3
20
Regulation 18(4)
Driving in excess of the speed limit indicated by a traffic sign of the
type shown in Figure No. 136 in Schedule 1 to the Road Traffic
(Traffic Control) Regulations (Cap 374 sub. leg. G) by more than 15
kilometres an hour, other than where item 21 or 22 applies
3
21
Regulation 18(4)
Driving in excess of the speed limit referred to in item 20 by more than
30 kilometres an hour, other than where item 22 applies
5
22
Regulation 18(4)
Driving in excess of the speed limit referred to in item 20 by more than
45 kilometres an hour
10
23 - 27
(Repealed L.N. 198 of 1999)
28
(Repealed 7 of 2016 s. 25)
28A 28D
(Repealed 7 of 2016 s. 25)
29 - 32
(Repealed 7 of 2016 s. 25)
Tate's Cairn Tunnel Bylaws (Cap 393 sub. leg.
B)
33
By-law 8
Crossing continuous double lines
3
33A
By-law 10(1)
Driving in excess of the speed limit indicated by a prescribed traffic
sign by more than 15 kilometres an hour, other than where item 33B
or 33C applies
3
33B
By-law 10(1)
Driving in excess of the speed limit indicated by a prescribed traffic
sign by more than 30 kilometres an hour, other than where item 33C
applies
5
33C
By-law 10(1)
Driving in excess of the speed limit indicated by a prescribed traffic
sign by more than 45 kilometres an hour
10
33D
By-law 10(2)
Crossing a continuous white line with a broken white line of the type
shown in Figure No. 502 in Schedule 2 to the Road Traffic (Traffic
Control) Regulations (Cap 374 sub. leg. G)
3
Tate’s Cairn Tunnel
Cap 375 - ROAD TRAFFIC (DRIVING-OFFENCE POINTS) ORDINANCE
10
By-laws (Cap 393 sub.
leg. B) as it was in force
immediately before 20
July 2012
34
By-law 10(1)
Driving in excess of the speed limit indicated by a traffic sign of the
type shown in Figure No. 6 or 7 in the Schedule to the Tate's Cairn
Tunnel By-laws (Cap 393 sub. leg. B) by more than 15 kilometres an
hour, other than where item 35 or 36 applies
3
35
By-law 10(1)
Driving in excess of the speed limit referred to in item 34 by more than
30 kilometres an hour, other than where item 36 applies
5
36
By-law 10(1)
Driving in excess of the speed limit referred to in item 34 by more than
45 kilometres an hour
10
Western Harbour
Crossing Bylaw
(Cap 436 sub. leg. D)
37
(Renumbered as item
33D - see L.N. 100 of
2013)
37A
Section 7(1)
Driving in excess of the speed limit indicated by a speed limit sign
by more than 15 kilometres an hour, other than where item 37B or
37C applies
3
37B
Section 7(1)
Driving in excess of the speed limit indicated by a speed limit sign
by more than 30 kilometres an hour, other than where item 37C
applies
5
37C
Section 7(1)
Driving in excess of the speed limit indicated by a speed limit sign
by more than 45 kilometres an hour
10
37D
Section 7(2)(b)(i)
Driving a bus, medium goods vehicle or heavy goods vehicle in
excess of the 70 kilometres per hour speed limit by more than 15
kilometres an hour, other than where item 37E or 37F applies
3
37E
Section 7(2)(b)(i)
Driving a bus, medium goods vehicle or heavy goods vehicle in
excess of the 70 kilometres per hour speed limit by more than 30
kilometres an hour, other than where item 37F applies
5
37F
Section 7(2)(b)(i)
Driving a bus, medium goods vehicle or heavy goods vehicle in
excess of the 70 kilometres per hour speed limit by more than 45
kilometres an hour
10
37G
Section 7(2)(b)(ii)
Driving a motor cycle, motor tricycle, private car or light goods
vehicle and under a probationary driving licence in excess of the 70
kilometres per hour speed limit by more than 15 kilometres an hour,
other than where item 37H or 37I applies
3
37H
Section 7(2)(b)(ii)
Driving a motor cycle, motor tricycle, private car or light goods
vehicle and under a probationary driving licence in excess of the 70
kilometres per hour speed limit by more than 30 kilometres an hour,
other than where item 37I applies
5
37I
Section 7(2)(b)(ii)
Driving a motor cycle, motor tricycle, private car or light goods
vehicle and under a probationary driving licence in excess of the 70
kilometres per hour speed limit by more than 45 kilometres an hour
10
37J
Section 8
Crossing continuous double white lines
3
37K
Section 10(2)
Crossing a continuous white line with a broken white line of the type
shown in Figure No. 502 in Schedule 2 to the Road Traffic (Traffic
3
Cap 375 - ROAD TRAFFIC (DRIVING-OFFENCE POINTS) ORDINANCE
11
Control) Regulations (Cap 374 sub. leg. G)
Western Harbour
Crossing Bylaw (Cap
436 sub. leg. D) as it
was in force
immediately before 20
July 2012
38
Section 7
Driving in excess of speed limit by more than 15 kilometres an hour,
other than where item 39 or 40 applies
3
39
Section 7
Driving in excess of speed limit by more than 30 kilometres an hour,
other than where item 40 applies
5
40
Section 7
Driving in excess of speed limit by more than 45 kilometres an hour
10
41
(Renumbered as item
37J - see L.N. 100 of
2013)
42
Section 10(b)
Crossing a continuous white line with a broken white line of the type
shown in Figure No. 502 in Schedule 2 to the Road Traffic (Traffic
Control) Regulations (Cap 374 sub. leg. G)
3
Tsing Ma Control Area
(General) Regulation
(Cap 498 sub. leg. B)
43
Section 9
Driving in excess of the speed limit indicated by a traffic sign of the
type shown in Figure No. 22 in Schedule 1 to the Tsing Ma Control
Area (General) Regulation (Cap 498 sub. leg. B) by more than 15
kilometres an hour, other than where item 44 or 45 applies
3
44
Section 9
Driving in excess of the speed limit referred to in item 43 by more than
30 kilometres an hour, other than where item 45 applies
5
45
Section 9
Driving in excess of the speed limit referred to in item 43 by more than
45 kilometres an hour
10
46
Section 9
Crossing continuous double white lines or a continuous white line with
a broken white line of the type shown in Figure No. 501, 502 or 503 in
Schedule 2 to the Road Traffic (Traffic Control) Regulations (Cap 374
sub. leg. G)
3
47
Section 10(2)
Driving in excess of temporary speed limit by more than 15 kilometres
an hour, other than where item 48 or 49 applies
3
48
Section 10(2)
Driving in excess of temporary speed limit by more than 30 kilometres
an hour, other than where item 49 applies
5
49
Section 10(2)
Driving in excess of temporary speed limit by more than 45 kilometres
an hour
10
Tai Lam Tunnel and
Yuen Long Approach
Road Bylaw (Cap 474
sub. leg. C)
49A
Section 7(1)
Driving in excess of the speed limit indicated by a speed limit sign by
more than 15 kilometres an hour, other than where item 49B or 49C
applies
3
49B
Section 7(1)
Driving in excess of the speed limit indicated by a speed limit sign by
more than 30 kilometres an hour, other than where item 49C applies
5
Cap 375 - ROAD TRAFFIC (DRIVING-OFFENCE POINTS) ORDINANCE
12
49C
Section 7(1)
Driving in excess of the speed limit indicated by a speed limit sign by
more than 45 kilometres an hour
10
49D
Section 7(2)(b)(i)
Driving a bus, medium goods vehicle or heavy goods vehicle in
excess of the 70 kilometres per hour speed limit by more than 15
kilometres an hour, other than where item 49E or 49F applies
3
49E
Section 7(2)(b)(i)
Driving a bus, medium goods vehicle or heavy goods vehicle in
excess of the 70 kilometres per hour speed limit by more than 30
kilometres an hour, other than where item 49F applies
5
49F
Section 7(2)(b)(i)
Driving a bus, medium goods vehicle or heavy goods vehicle in
excess of the 70 kilometres per hour speed limit by more than 45
kilometres an hour
10
49G
Section 7(2)(b)(ii)
Driving a motor cycle, motor tricycle, private car or light goods
vehicle and under a probationary driving licence in excess of the 70
kilometres per hour speed limit by more than 15 kilometres an hour,
other than where item 49H or 49I applies
3
49H
Section 7(2)(b)(ii)
Driving a motor cycle, motor tricycle, private car or light goods
vehicle and under a probationary driving licence in excess of the 70
kilometres per hour speed limit by more than 30 kilometres an hour,
other than where item 49I applies
5
49I
Section 7(2)(b)(ii)
Driving a motor cycle, motor tricycle, private car or light goods
vehicle and under a probationary driving licence in excess of the 70
kilometres per hour speed limit by more than 45 kilometres an hour
10
49J
Section 8
Crossing continuous double white lines
3
49K
Section 10(2)
Crossing a continuous white line with a broken white line of the type
shown in Figure No. 502 in Schedule 2 to the Road Traffic (Traffic
Control) Regulations (Cap 374 sub. leg. G)
3
Tai Lam Tunnel and
Yuen Long Approach
Road Bylaw (Cap 474
sub. leg. C) as it was in
force immediately
before 20 July 2012
50
Section 7
Driving in excess of speed limit indicated by a speed limit sign of the
type shown in Figure No. 6, 7, 8 or 9 in the Schedule to the Tai Lam
Tunnel and Yuen Long Approach Road Bylaw (Cap 474 sub. leg. C)
by more than 15 kilometres an hour, other than where item 51 or 52
applies
3
51
Section 7
Driving in excess of speed limit referred to in item 50 by more than 30
kilometres an hour, other than where item 52 applies
5
52
Section 7
Driving in excess of speed limit referred to in item 50 by more than 45
kilometres an hour
10
53
(Renumbered as item
49J - see L.N. 100 of
2013)
54
Section 10(b)
Crossing a continuous white line with a broken white line of the type
shown in Figure No. 502 in Schedule 2 to the Road Traffic (Traffic
Control) Regulations (Cap 374 sub. leg. G)
3
Discovery Bay Tunnel
Link Bylaw (Cap 520
Cap 375 - ROAD TRAFFIC (DRIVING-OFFENCE POINTS) ORDINANCE
13
sub. leg. B)
55
Section 7
Driving in excess of speed limit indicated by a speed limit sign of the
type shown in Figure No. 6 or 7 in the Schedule to the Discovery Bay
Tunnel Link Bylaw (Cap 520 sub. leg. B) by more than 15 kilometres
an hour, other than where item 56 or 57 applies
3
56
Section 7
Driving in excess of speed limit referred to in item 55 by more than
30 kilometres an hour, other than where item 57 applies
5
57
Section 7
Driving in excess of speed limit referred to in item 55 by more than
45 kilometres an hour
10
58
Section 8
Crossing continuous double white lines
59
Section 10(b)
3
Crossing a continuous white line with a broken white line of the type
3
shown in Figure No. 502 in Schedule 2 to the Road Traffic (Traffic
Control) Regulations (Cap 374 sub. leg. G)
(Amended 44 of 1986 s. 3; 39 of 1995 s. 14; L.N. 47 of 1998; 33 of 2000 s. 5; 50 of 2000 s. 4; 3 of 2002 s. 14;
L.N. 116 of 2005; 19 of 2010 s. 24; 24 of 2011 s. 27; L.N. 100 of 2013; 7 of 2016 s. 25)
(Format changes—E.R. 2 of 2012)
Cap 375 - ROAD TRAFFIC (DRIVING-OFFENCE POINTS) ORDINANCE
14