### Road Traffic Ordinance 《道路交通條例》

30. Inquiry where passenger service licence is contravened
(1) If the Commissioner has reason to believe in respect of any vehicle in respect of which a passenger service licence is in force that—
(a) the vehicle has been or is being used otherwise than for the purpose of the service authorized by the licence; or
(b) any condition of the licence or any provision of this Ordinance has not been or is not being complied with,
he may appoint a public officer to hold an inquiry.
(2) An officer appointed under subsection (1) shall fix a time and place for the inquiry and shall give 21 clear days’ written notice thereof to the licensee.
(3) An inquiry may be postponed if the officer conducting it thinks fit and where an inquiry is postponed the officer shall cause a notice to be served on the licensee specifying the date to which the inquiry has been postponed.
(4) At an inquiry the officer conducting the inquiry shall consider—
(a) any evidence received by him, whether tendered on behalf of the licensee or otherwise, and any representations made by or on behalf of the licensee or otherwise;
(b) representations in writing by or on behalf of the licensee.

31. Commissioner’s power to cancel, suspend or vary a passenger service licence
If after considering the report of an officer who has conducted an inquiry under section 30 the Commissioner is satisfied as to the matters set out in subsection (1)(a) or (b) of that section he may—
(a) suspend or cancel the passenger service licence;
(b) suspend or cancel the passenger service licence in respect of particular vehicles; or
(c) vary the passenger service licence in respect of—
(i) routes;
(ii) approved purposes;
(iii) the number of vehicles included in the licence,
and shall notify the licensee of his decision.

32. Effective date of a cancellation, suspension or variation
(1) Subject to subsection (2), a cancellation, suspension or variation under section 31 shall come into effect 21 days from the date of notification to the licensee.
(2) If a licensee applies for a review of the Commissioner’s decision by a Transport Tribunal under section 33, a cancellation, suspension or variation shall not take effect pending the review, and shall take effect—
(a) where the application for the review is deemed to have been withdrawn under section 34(4); or
(b) where the cancellation, suspension or variation is confirmed or varied by a Transport Tribunal under section 35(2),
on such date as the Commissioner shall specify in a notice served on the licensee.

### Road Traffic Ordinance 《道路交通條例》

33. Right of review of Commissioner’s determination under section 24, 25, 26, 29, or 31
(1) Subject to subsection (2), where the Commissioner—
(a) refuses to register a vehicle under section 24 or 26;
(b) refuses to license a vehicle or cancels a licence under section 25 or 26;
(c) refuses to issue a passenger service licence under section 29 or cancels, suspends or varies a passenger service licence under section 31,

the applicant or the holder of the licence may, within 21 days of being notified of the decision of the Commissioner, apply in writing to the Commissioner for a review of the Commissioner’s decision by a Transport Tribunal.
(2) This section shall not apply where the Commissioner—
(a) refuses to register a motor vehicle under section 24(1)(d) or (e);
(b) refuses to license or cancels a motor vehicle licence under section 25(1)(ii).

34. Practice and procedure on review
(1) On receipt of an application under section 33 the Commissioner shall fix a time and place for the review and shall give 14 clear days’ notice thereof to the applicant.
(2) The Commissioner shall, so far as practicable, ensure that the date of the review is not more than 30 days after the date of service of the notice under subsection (1).
(3) A Transport Tribunal may postpone a review if it thinks fit and where a review is postponed the Commissioner shall cause a notice to be served on the applicant specifying the date to which the review has been postponed.
(4) If an applicant or his authorized representative—
(a) does not appear before the Transport Tribunal on the date of the review notified to him in a notice under subsection (1) or (3); or
(b) makes no written representations,
the application for a review shall be deemed to have been withdrawn.

35. Determination of review
(1) On a review a Transport Tribunal shall consider—
(a) any evidence received by it, whether tendered on behalf of the applicant or otherwise, which it considers relevant to the review;
(b) any representations made by or on behalf of the applicant, whether orally or in writing;
(c) any representations made by or on behalf of the Commissioner, whether orally or in writing.
(2) The Transport Tribunal may confirm or reverse a decision of the Commissioner under section 24, 25 or 26 and may confirm, reverse or vary a decision of the Commissioner under section 29 or 31.
(3) The Commissioner shall notify an applicant of the Transport Tribunal’s decision under subsection (2).
(4) The decision of the Transport Tribunal under subsection (2) shall be final.

### Road Traffic Ordinance 《道路交通條例》

39E. Protection for hospital patients
(1) A person at a hospital as a patient shall not be required to provide a specimen of breath for a screening breath test or breath analysis, a specimen of oral fluid for a Rapid Oral Fluid Test, or a specimen of blood or urine for a laboratory test unless the medical practitioner in immediate charge of his case has been notified of the proposal to make the requirement. (Amended 24 of 2011 s. 13)
(2) A requirement made after the medical practitioner has been notified under subsection (1) is a requirement for the provision of a specimen at a hospital.
(3) The requirement shall not be made if the medical practitioner objects on the ground specified in subsection (4) and states in writing the diagnosis justifying the objection.
(4) The ground on which the medical practitioner may object under subsection (3) is that the requirement or the provision of a specimen of breath for the screening breath test or breath analysis, a specimen of oral fluid for a Rapid Oral Fluid Test, a specimen of oral fluid for a Rapid Oral Fluid Test or a specimen of blood or urine for the laboratory test would be prejudicial to the proper care and treatment of the patient. (Amended 24 of 2011 s. 13)
(5) To avoid doubt, this section does not apply to the taking of a specimen of blood from a person falling within section 39C(11A) or 39Q(1). (Added 24 of 2011 s. 13)
(Added 39 of 1995 s. 7)