a. The statutory sentences

a. The statutory sentences

The statutory sentences in respect of dangerous driving can be grouped under 3 major categories: dangerous driving, causing death by dangerous driving, and causing grievous bodily harm by dangerous driving.  The test for “dangerous” is the same under all 3 categories; but the sentences are different:

• Dangerous Driving, under section 37 of the Road Traffic Ordinance (Cap.374 of the Laws of Hong Kong):
  • on conviction on indictment, to a fine of $20,000 and to imprisonment for 3 years;
  • on summary conviction, to a fine of $10,000 and to imprisonment for 12 months; and
  • disqualification for at least 6 months for a first conviction and for at least 2 years for a subsequent conviction.

• Causing death by dangerous driving, under section 36 of the Road Traffic Ordinance (Cap.374 of the Laws of Hong Kong):
  • on conviction on indictment, to a fine of $50,000 and to imprisonment for 10 years;
  • on summary conviction, to a fine of $20,000 and to imprisonment for 2 years; and
  • disqualification for at least 2 years for a first conviction and of at least 5 years for a subsequent conviction.

• Causing grievous bodily harm by dangerous driving, under section 36A of the Road Traffic Ordinance(Cap.374 of the Laws of Hong Kong):
  • on conviction on indictment, to a fine of $50,000 and to imprisonment for 7 years;
  • on summary conviction, to a fine of $20,000 and to imprisonment for 2 years; and
  • disqualification for at least 2 years for the first conviction and of at least 5 years for a subsequent conviction.