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a. Fines and imprisonment

For the following offences under the Road Traffic Ordinance (Cap.374 of the Laws of Hong Kong):

  • section 39 (i.e. driving a motor vehicle under the influence of drink),
  • section 39A (i.e. driving a motor vehicle with an alcohol concentration above the prescribed limit),
  • section 39B (i.e. failing to provide a specimen of breath for a screening breath test for alcohol),
  • section 39C (i.e. failure to provide a specimen for analysis or laboratory test for alcohol),
  • section 39J (i.e. driving motor vehicle without proper control under influence of specific illicit drug),
  • section 39K (i.e. driving motor vehicle with any concentration of specified illicit drug),
  • section 39L (i.e. driving motor vehicle without proper control under influence of drug other than specific illicit drug),
  • section 39O (i.e. failure to undergo an Impairment Test), and
  • section 39S (i.e. failure to provide specimen of blood or urine or failure to give the necessary consent to provide the specimen for test of drug)

the penalties in respect of fines and imprisonment are largely the same, being:

  • on conviction on indictment to a fine of $25,000 and to imprisonment for 3 years;
  • on summary conviction on a first offence to a fine of $10,000 and to imprisonment for 6 months and on any subsequent conviction to a fine of $25,000 and to imprisonment for 12 months.

 

Note, however, that the penalty for failure to undergo a Drug Influence Recognition Observation is relatively mild: on conviction to a fine of $2,000 and to imprisonment of 3 months (section 39O(3)).

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