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4. Preserving evidence

Incidental to the duty to stop, to give particulars and to report the accident to the police, the law also lays down a duty to preserve evidence in the case of a serious accident.  Section 57(1) of the Road Traffic Ordinance(Cap.374 of the Laws of Hong Kong) prescribes that if there is an accident “in consequence of which any person is killed or seriously injured or serious damage is caused to any vehicle or thing, any person who without the authority of a police officer moves or otherwise interferes with any vehicle involved in the accident or any part of any such vehicle or does any other act which destroys, alters or conceals any evidence of the accident commits an offence”.

 

Notwithstanding the above, section 57(2) of the same Ordinance provides that if the moving or interference is done “for the purpose of saving life, extinguishing fire or meeting any other emergency”, no offence would have been committed.

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