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1. Elements of the offence

According to section 39 of the Road Traffic Ordinance (Cap.374 of the Laws of Hong Kong), “A person who drives or attempts to drive or is in charge of a motor vehicle on any road while he is under the influence of drink or drugs to such an extent as to be incapable of having proper control of the motor vehicle commits an offence”.

 

According to section 39J of the Road Traffic Ordinance (Cap.374 of the Laws of Hong Kong), “A person who drives or attempts to drive, or is in charge of, a motor vehicle on any road while he or she is under the influence of a specified illicit drug to such an extent as to be incapable of having proper control of the motor vehicle commits an offence”.

 

According to section 39L of the Road Traffic Ordinance (Cap.374 of the Laws of Hong Kong), “A person who drives or attempts to drive, or is in charge of, a motor vehicle on any road while he or she is under the influence of a drug other than a specified illicit drug (non-specified drug) to such an extent as to be incapable of having proper control of the motor vehicle commits an offence”.

That sounds simple and straight-forward.  However, upon a detailed examination of the wording of the above sections, we may find certain elements of these offences problematic:

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