d. Comparison table of offences under sections 39J, 39K and 39L of the Road Traffic Ordinance (Cap. 374)
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Offence Name | Driving without proper control under influence of a specified illicit drug | Driving with any concentration of a specified illicit drug | Driving without proper control under influence of a drug other than a specified illicit drug |
Does the prosecution need to prove impaired driving? | Yes — must show driving was without proper control | No — mere presence of the drug in your body is enough | Yes — must show driving was without proper control |
Does the drug need to be a "specified" illicit drug? | Yes | Yes | No — applies to all other drugs |
Is impairment required? | Yes | No | Yes |
Is proof of drug concentration/presence required? | Yes but the offence focuses on impairment | Yes | Yes but the offence focuses on impairment |
"No likelihood of driving" defence available? | Yes | Yes | Yes |
Prescription / medical defence available? | Yes | Yes | Yes |
Penalty: conviction on indictment | Fine of $25,000 + up to 3 years' imprisonment | Fine of $25,000 + up to 3 years' imprisonment | Fine of $25,000 + up to 3 years' imprisonment |
Penalty: summary conviction | Fine of $10,000 + up to 6 months' imprisonment (1st offence)
Fine of $25,000 + up to 12 months' imprisonment (subsequent offence) | Fine of $10,000 + up to 6 months' imprisonment (1st offence)
Fine of $25,000 + up to 12 months' imprisonment (subsequent offence) | Fine of $10,000 + up to 6 months' imprisonment (1st offence)
Fine of $25,000 + up to 12 months' imprisonment (subsequent offence) |
Driving disqualification | Mandatory minimum: 5 years first conviction; 10 years subsequent | Mandatory minimum: 2 years first conviction; 5 years subsequent | Mandatory minimum: 6 months first conviction; 2 years |
Driving offence points | 10 points | 10 points | 10 points |
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