### Road Tunnels (Government) Ordinance 《行車隧道(政府)條例》

9A. Directions to operator and toll service provider
(1) If the Secretary for Transport and Logistics (Secretary

10. Power of Authority to appoint authorized officers
The Authority may in writing appoint any public officer or any person employed by an operator to be an authorized officer for the purposes of this Ordinance.
(Amended 63 of 1991 s. 5)

11. Powers of authorized officers
(1) An authorized officer may at any tunnel—
(a) (Repealed 2 of 1997 s. 32)(b) for the purpose of preventing or detecting the commission of an offence against this Ordinance or the Road Traffic Ordinance (Cap. 374); or
(c) if he reasonably suspects that the driver of a vehicle—
(i) has committed an offence against this Ordinance or the Road Traffic Ordinance (Cap. 374); or
(ii) has been involved in an accident at a tunnel,
exercise any of the powers specified in subsection (2) as may be appropriate in respect of the particular purposes or circumstances described in paragraph (b) or (c).
(2) For the purposes of subsection (1), an authorized officer may—
(a) order, direct or signal the driver of a vehicle—
(i) to stop the vehicle forthwith; or
(ii) to proceed to any place at the tunnel so ordered, directed or signalled and to stop thereat;
(b) require any person to give his name and address and to produce any document in his possession which is or contains evidence of his name and address;
(c) require the driver of a vehicle—
(i) to produce his driving licence for examination;
(ii) to give the name and address of the registered owner of the vehicle where that information is within his knowledge;
(d) enter, examine and search a vehicle and any thing therein or thereon;
(e) detain, if necessary by the use of reasonable force, a driver or a vehicle, or both, until they can be delivered into the custody of a police officer.
(2A) For the purpose of regulating vehicular and pedestrian traffic, an authorized officer at any tunnel may order, direct or signal the driver of a vehicle—
(a) to stop the vehicle forthwith; or
(b) to proceed to any place at the tunnel so ordered, directed or signalled and to stop thereat. (Added 2 of 1997 s. 32)
(3) Any person who fails to comply with an order, direction or signal given under subsection (2)(a) or (2A), or any requirement made under subsection (2)(b) or (c), commits an offence.
(Amended 2 of 1997 s. 32)

### Road Tunnels (Government) Ordinance 《行車隧道(政府)條例》

12. Obligation to give information relating to the driving of vehicles
(1) Without prejudice to section 63 of the Road Traffic Ordinance (Cap. 374), where the driver of a vehicle is suspected of having committed an offence against this Ordinance or the Road Traffic Ordinance (Cap. 374) at any tunnel, any person (including both the registered owner of the vehicle and the person suspected of being the driver of the vehicle at the time of the alleged offence) shall, on demand made within 6 months after the date of the alleged offence, give to an authorized officer in the manner prescribed in this section the name, address and driving licence number of the person driving the vehicle at the time of the alleged offence and his relationship (if any) to the driver. (Amended 75 of 1982 s. 114; 29 of 1999 s. 2)
(2) A demand under subsection (1) may be made orally or by means of a notice served personally or by post on the person on whom it is made.
(3) Where a demand under subsection (1) is made orally to any person he shall—
(a) if he was the driver of the vehicle at the time of the alleged offence—
(i) give immediately his name and address; and
(ii) give the number of his driving licence to a specified authorized officer within 21 days after the date of the demand; and
(b) if he was not the driver of the vehicle at the time of the alleged offence, give the information required under subsection (1) to a specified authorized officer either orally or in writing within 21 days after the date of the demand.
(4) A notice under subsection (2) shall require the person to whom it is addressed—
(a) to furnish, within 21 days after the date of the notice, to an authorized officer specified therein, a written statement, in such form as may be specified in the notice, giving the name, address and driving licence number of the person driving the vehicle at the time of the alleged offence and his relationship (if any) to the driver; and
(b) to sign the said statement.
(5) Subject to subsection (6), any person who contravenes subsection (1) commits an offence.
(6) In proceedings for an offence under subsection (5), it shall be a defence to show that the accused person did not know, and could not with reasonable diligence have ascertained, the name or address or driving licence number of the person driving the vehicle at the time of the alleged offence.

### Road Tunnels (Government) Ordinance 《行車隧道(政府)條例》

13. Making false statements and omitting material particulars
(1) A person who makes a false statement in supplying particulars required under section 11 or 12 commits an offence.
(2) In proceedings for an offence under subsection (1), it is a defence for the accused person to show that he did not know and had no reason to believe the statement to be false.
(3) A person who omits any material particular required under section 11 or 12 commits an offence.
(4) In proceedings for an offence under subsection (3), it is a defence for the accused person to show that he did not know, and could not with reasonable diligence have ascertained, the particular required.
(Replaced 29 of 1999 s. 2)

14. Proof of identity of driver
If, in a prosecution for an offence under this Ordinance, there is produced to the court a statement which—
(a) purports to have been signed by the accused person;
(b) was furnished in accordance with a notice served on him under section 12(2); and
(c) states that the accused person was the driver of the vehicle at the time of the offence,
the court shall admit the statement as prima facie evidence that the accused person was the driver of the vehicle at the time of the offence.

14AA. Boothless mode tunnel: appointment of toll service officer
The Authority may in writing appoint any public officer, any person employed by the toll service provider or any other person to be a toll service officer for the purpose of assisting in the performance of functions relating to the collection and recovery of tolls for the use of a boothless mode tunnel.
(Added 20 of 2021 s. 11)

14A. Evidence of facilities-related matter by record and test certificate
(1) In any criminal or civil proceedings under this Ordinance—
(a) evidence of a matter specified in paragraph (a), (b) or (c) of the definition of facilities-related matter