Hong Kong Government Responds to Criticisms of Traffic Laws and Penalties

Strategic Insights -

The Hong Kong Government has responded to criticisms of its traffic laws and penalties, addressing concerns about drivers who cause accidents and flee the scene without providing their personal particulars. In a written reply to a Legislative Council question by Hon Yung Hoi-yan, Secretary for Transport and Logistics Mable Chan outlined the Government's position on various aspects of traffic offense enforcement.

Key Takeaways:

  • Between 2020 and 2024, there were 23,456 arrests related to various traffic offenses, with numbers generally stable in recent years despite initial fluctuations due to the COVID-19 pandemic.
  • The Hong Kong Police Force (HKPF) does not maintain a breakdown of statistical data for "prosecutions," "convictions through trial," or "guilty pleas," making it difficult to assess the effectiveness of current penalties.
  • The Government acknowledges the disparity in penalties between refusal to provide driver information and more serious offenses like causing death by dangerous driving, but notes that current law provides a defense provision to exempt registered vehicle owners from responsibility under certain circumstances.
  • The HKPF uses various methods to gather evidence in traffic accident cases, including analyzing footage from nearby security cameras, dash cameras, or fingerprints to identify the driver involved, even if the registered owner fails to provide information.
  • The Government will continue to review the legislation and consider stakeholders' views, but emphasizes the need for a comprehensive and prudent review of the judicial jurisdiction and resources of the courts.
  • The fine levels table in Schedule 8 of the Criminal Procedure Ordinance will be reviewed as appropriate to ensure penalties reflect the severity of offenses.
  • The Government may empower magistrates to impose maximum penalties under specific legislation to enhance the deterrent effect, rather than amending the Magistrates Ordinance.

Statistics:

  • Between 2020 and 2024, there were 23,456 arrests related to various traffic offenses.
  • The HKPF does not maintain a breakdown of statistical data for "prosecutions," "convictions through trial," or "guilty pleas."
  • The maximum penalty for refusal to give information on the driver of a vehicle suspected of having committed an offense is liable to a fine of $10,000 and six months' imprisonment.
  • The maximum penalty for dangerous driving causing death is a fine of $50,000 and 10 years' imprisonment, with disqualification from driving for not less than five years on first conviction and not less than 10 years or life on subsequent conviction.

Sources:

  • Hong Kong SAR Government
  • Hong Kong Police Force (HKPF)
  • Department of Justice
  • Judiciary Administration