### Road Traffic (Driving Licences) Regulations 《道路交通(駕駛執照)規例》

37. Visiting drivers from abroad
(1) Subject to paragraph (2), a visitor who holds—
(a) a valid international driving permit; or
(b) a valid domestic driving permit or domestic driving licence,
issued in a place outside Hong Kong may drive in Hong Kong, during the period of 12 months following the date of his last entry into Hong Kong, a motor vehicle of any class which he is authorized by that permit or licence to drive notwithstanding that he is not a holder of a driving licence issued under these regulations, but so long as he has attained the age specified in regulation 7 for the issue of such driving licence in respect of the class of motor vehicle.
(2) Paragraph (1) shall not authorize a person to drive a motor vehicle of any class if he is disqualified from holding or obtaining a driving licence to drive a motor vehicle of that class.

38. Application of other provisions to visiting drivers
Where, pursuant to section 71 of the Ordinance, a court or magistrate has forwarded to the Commissioner an international driving permit, domestic driving permit or domestic driving licence of a person who has been disqualified, the Commissioner shall— (23 of 2008 s. 44)
(a) record particulars of the disqualification on the permit or licence;
(b) send the holder’s name and address together with the particulars of disqualification to the authority by whom the permit or licence was issued; and
(c) withhold the permit or licence until the holder leaves Hong Kong or until the period of disqualification expires, whichever is the earlier.

39. Record of driving licences and permits
The Commissioner shall establish and maintain a record of the particulars specified in the Seventh Schedule in respect of all driving licences and permits issued by him and of all disqualifications from time to time imposed on the holders of driving licences in respect of which he is given notice under the Ordinance.

40. Fee for record of convictions and certificate of no recorded conviction
The fees for the issue of a record of convictions and a certificate of no recorded conviction under section 75(5) of the Ordinance shall be as prescribed in the Second Schedule.
(L.N. 399 of 1987)

41. Withholding of licences and permits
(1) If the Commissioner has reasonable cause to believe that a driving licence, driving instructor’s licence or permit is in the possession of a person other than the person to whom it was issued he may, by notice in writing served personally or by registered post on the person in whose possession such a licence or permit is alleged to be, require him forthwith to deliver the licence or permit to the Commissioner and such person shall forthwith deliver the licence or permit to the Commissioner.
(2) The Commissioner shall retain the licence or permit delivered to him in accordance with paragraph (1) until it is claimed from him by the person to whom it was issued.

### Road Traffic (Driving Licences) Regulations 《道路交通(駕駛執照)規例》

42. Issue of duplicate licences and permits
(1) If a licence holder or a holder of a permit issued in Hong Kong satisfies the Commissioner that the licence or permit has been lost, destroyed or defaced, the Commissioner, on payment of the fee prescribed in the Second Schedule, may issue to him a duplicate licence or permit so marked, and the duplicate licence or permit shall have the same effect as the original licence or permit.
(2) No person shall apply for a duplicate of a licence or permit issued under these regulations on the ground that the original licence or permit is lost or destroyed knowing that such original licence or permit has not been lost or destroyed.
(3) The original licence or permit issued under these regulations that has been defaced shall be surrendered to the Commissioner for cancellation together with the application for a duplicate thereof.
(4) On the issue of a duplicate licence or permit under paragraph (1), the original licence or permit shall cease to be valid.
(5) If at any time after the issue of a duplicate licence or permit under paragraph (1) and during the currency of such duplicate licence or permit the original licence or permit is found, the person to whom such original licence or permit was issued shall report the finding thereof to the Commissioner and shall take all reasonable steps to obtain possession of it and return it as soon as possible to the Commissioner for cancellation.
(6) Where due to circumstances beyond his control the Commissioner is unable for the time being to issue a duplicate licence or permit, the receipt issued by him for the payment of the fee for a duplicate licence or permit shall be deemed for the purposes of these regulations to be a valid licence or permit in place of the original licence or permit, until a duplicate licence or permit is issued or the expiry of a period of 30 days after the issue of the receipt, whichever is the earlier.

43. Form of driving licences and permits and photographs
(1) Every driving licence and permit issued under these regulations shall be in a form specified by the Commissioner and shall contain such particulars specified in the Seventh Schedule as he thinks fit.
(2) Any photograph required to be submitted by an applicant under these regulations shall be a photograph of a reasonable likeness of the applicant to the satisfaction of the Commissioner and of a size specified by the Commissioner.

44. Miscellaneous provisions
(1) Every driving licence, driving instructor’s licence and permit issued under these regulations shall remain the property of the Government.
(2) The Commissioner may require the holder of such licence or permit to return the licence or permit to him at any time.
(3) No such licence or permit shall be altered except by order of a court or by the Commissioner.

### Road Traffic (Driving Licences) Regulations 《道路交通(駕駛執照)規例》

44A. Power of Commissioner to require production of licence
Notwithstanding anything in these regulations, the Commissioner—
(a) may, in processing an application under a provision specified in column 1 of Schedule 14, require the applicant to produce for inspection by the Commissioner the licence specified in column 2 of that Schedule opposite to that provision which is held by the applicant; and
(b) may suspend the processing of the application until the production of the licence.
(L.N. 49 of 2007)

44B. Power of Commissioner to require proof of address
Notwithstanding anything in these regulations, the Commissioner—
(a) may, in processing an application for the issue, reissue or renewal of a driving licence or a driving instructor’s licence or the issue of a permit, require the applicant to produce proof of his address; and (23 of 2008 s. 45)
(b) may suspend the processing of the application until the production of such proof.
(L.N. 49 of 2007)

45. Right of review
A person aggrieved by—
(a) the refusal of the Commissioner to issue, reissue or renew a driving licence or driving instructor’s licence; or
(b) the cancellation by the Commissioner of a driving licence or driving instructor’s licence,
may within 14 days of being notified of the refusal or cancellation apply in writing to the Commissioner for a review by a Transport Tribunal of the refusal or cancellation.
(23 of 2008 s. 46)