### Road Traffic Ordinance 《道路交通條例》

39F. Approval of instruments and operators
(1) The Commissioner of Police may by notice in the Gazette approve types of instruments as—
(a) an approved breath analysing instrument to analyse the proportion of alcohol in a specimen of a person’s breath;
(b) an approved screening device for the purpose of indicating whether the proportion of alcohol in a person’s breath is likely to exceed the prescribed limit; (Amended 23 of 2008 s. 11)
(c) an approved pre-screening device for indicating whether or not the proportion of alcohol in a person’s breath reaches such a level that it would be reasonable to suspect that such proportion is likely to exceed the prescribed limit. (Added 23 of 2008 s. 11)
(2) The Commissioner of Police may authorize in writing members of the police force as approved operators to carry out breath analysis using an approved breath analysing instrument.
(Added 39 of 1995 s. 7)

39G. Amendment of prescribed limit
(1) The Secretary may by notice in the Gazette amend the definition of prescribed limit (訂明限度) by varying the proportion of alcohol that constitutes the prescribed limit. (Amended L.N. 106 of 2002; L.N. 130 of 2007; 6 of 2012 s. 2)
(2) Notice of a variation in the prescribed limit will not come into operation until after the time provided for the Legislative Council to debate the notice under section 34 of the Interpretation and General Clauses Ordinance (Cap. 1) has expired.
(Added 39 of 1995 s. 7)

39H. Amendment of tier 1, tier 2 or tier 3
(1) The Secretary may by notice in the Gazette amend section 39A(1A) by varying the proportion of alcohol that constitutes tier 1, tier 2 or tier 3. (Amended 6 of 2012 s. 2)
(2) A notice under subsection (1) is not to come into operation until after the time provided for the Legislative Council to debate the notice under section 34 of the Interpretation and General Clauses Ordinance (Cap. 1) has expired.
(Added 19 of 2010 s. 14)

### Road Traffic Ordinance 《道路交通條例》

39I. Amendment of Schedule 1A
(1) The Secretary may by notice in the Gazette amend Schedule 1A. (Amended 6 of 2012 s. 2)
(2) A notice under subsection (1) is not to come into operation until after the time provided for the Legislative Council to debate the notice under section 34 of the Interpretation and General Clauses Ordinance (Cap. 1) has expired.
(Added 19 of 2010 s. 14)

### Road Traffic Ordinance 《道路交通條例》

45. Reckless cycling
(1) A person who uses or rides a bicycle, tricycle or multi-cycle on a road recklessly commits an offence and is liable in the case of a first conviction to a fine at level 1 and in the case of a second or subsequent conviction to a fine at level 1 and to imprisonment for 3 months. (Amended 89 of 1994 s. 17; E.R. 6 of 2022)
(2) On the trial of any person for an offence under subsection (1) he may be acquitted of that offence and be found guilty of an offence under section 46.
[cf. 1972 c. 20 s. 17 U.K.]

### Road Traffic Ordinance 《道路交通條例》

46. Careless cycling
(1) A person who uses or rides a bicycle, tricycle or multi-cycle on a road carelessly commits an offence and is liable to a fine at level 1. (Amended E.R. 2 of 2021)
(2) A person uses or rides carelessly within the meaning of this section if on a road he uses or rides a bicycle, tricycle or multi-cycle without due care and attention or without reasonable consideration for other persons using the road.
(Amended 89 of 1994 s. 18)[cf. 1972 c. 20 s. 18 U.K.]

47. Cycling, etc. when under the influence of drink or drugs
A person who, when using or riding a bicycle, tricycle or multi-cycle, or when driving a rickshaw, on a road or in a public place, is unfit to ride or drive through drink or drugs commits an offence and is liable in the case of a first conviction to a fine at level 1, and in the case of a second or subsequent conviction or of a conviction subsequent to a conviction under section 13 of the repealed Ordinance to a fine at level 1 and to imprisonment for 3 months.
(Amended 89 of 1994 s. 19; E.R. 6 of 2022)[cf. 1972 c. 20 s. 19(1) U.K.]

48. Offences by pedestrians
A pedestrian who in using any road, or a person who by driving a rickshaw on any road, negligently endangers his own safety or that of any other person commits an offence and is liable to a fine at level 1.
(Amended E.R. 2 of 2021)

49. Tampering with motor vehicles
If a person otherwise than with lawful authority or reasonable excuse gets on to a vehicle or tampers with any part of the vehicle, he commits an offence and is liable to a fine at level 2 and to imprisonment for 12 months.
(Amended E.R. 2 of 2021)[cf. 1972 c. 20 s. 29 U.K.]

### Road Traffic Ordinance 《道路交通條例》

50. Interfering with traffic signs or road markings
Any person who without the consent of the Commissioner, Commissioner of Police or Director of Highways— (Amended L.N. 127 of 1986)
(a) moves, damages or interferes in any way with any traffic sign or prescribed traffic sign; or
(b) obscures, defaces, alters or obliterates any road marking or prescribed road marking,
commits an offence and is liable to a fine at level 1 and to imprisonment for 3 months.
(Amended E.R. 2 of 2021)

51. Prohibition of unauthorized signs or markings
(1) A person who other than—
(a) in accordance with a permit issued under this Ordinance; or
(b) in order to comply with any enactment or the road users’ code or any code of practice under section 109, (Amended 66 of 1984 s. 6)

places, causes or permits to be placed, in, on or near a road or on a building any traffic sign or road marking commits an offence and is liable to a fine at level 1 and to imprisonment for 3 months. (Amended E.R. 2 of 2021)
(2) The Commissioner may by notice in writing require any person who has placed or caused to be placed any such road marking or traffic sign to remove the same, and, if such person fails to comply with such notice, the Commissioner may cause the road marking to be obliterated or removed, or the traffic sign to be removed, as the case may be, and thereupon the road marking or traffic sign and any part thereof and every attachment thereto shall be forfeited to the Government and the Commissioner may recover from such person as a civil debt the cost of the obliteration or removal of the road marking or of the traffic sign and also the cost of any reinstatement of the road necessitated by such obliteration or removal. (Amended 3 of 2002 s. 15)