### Road Traffic (Driving-offence Points) Ordinance 《道路交通(違例駕駛記分)條例》

8A. Calculation of points
(1) In calculating the number of points incurred for the purposes of sections 7, 8 and 8AA, where 2 or more of the offences in respect of which points have been incurred are constituted by the same, or substantially the same, act,— (Amended 23 of 2008 s. 60)
(a) only that offence attracting the highest number of points; or
(b) where those offences each attract the same number of points, only one of those offences,
shall be taken into account.
(2) If a person, on being convicted of an offence in any proceedings, is ordered under section 72A(1)(b) or (1A) of the Road Traffic Ordinance (Cap. 374) to attend and complete a driving improvement course, that offence, or any scheduled offence of which he is convicted in those proceedings, is not to be taken into account in calculating the number of points incurred by the person for the purposes of section 8AA. (Added 23 of 2008 s. 60)
(3) Subsection (4) applies—
(a) if—
(i) a person, on having incurred 10 or more points, is required to attend and complete a driving improvement course under section 8AA(1);
(ii) a notice is served on the person under section 8AA(2) on the requirement; and
(iii) the person has attended and completed a driving improvement course;
(b) if—
(i) a person, on having incurred 10 or more points, is required to attend and complete a driving improvement course under section 8AA(1); and
(ii) the person has, on his own initiative, attended and completed a driving improvement course before a notice is served on him under section 8AA(2) on the requirement; or
(c) if a person has, on his own initiative, attended and completed a driving improvement course before he is required to do so under section 8AA(1). (Added 23 of 2008 s. 60)
(4) In calculating the number of points incurred by the person for the purposes of section 8AA as at the date of completion of the driving improvement course—
(a) the person under subsection (3)(a) or (b) no longer incurs the number of points specified in the notice served on him under section 8AA(2); and
(b) the person under subsection (3)(c) no longer incurs any number of points that was incurred immediately before the date of completion of the course. (Added 23 of 2008 s. 60)
(Added 81 of 1990 s. 6)

### Road Traffic (Driving-offence Points) Ordinance 《道路交通(違例駕駛記分)條例》

9. Evidence
(1) A certificate stating—
(a) that the person named in it was convicted of, or became liable to fixed penalties in respect of, the scheduled offences specified;
(b) the dates upon which the person was convicted or became liable to the fixed penalties;
(c) the dates of the commission of the offences in respect of which the person was convicted or became liable to the fixed penalties; (Amended 3 of 2002 s. 13)
(d) the number of points incurred in respect of each of the offences; (Amended 3 of 2002 s. 13)
(e) if applicable, the date on which the person was issued with a course certificate; and (Added 3 of 2002 s. 13)
(f) if applicable, the date on which points were deducted, in accordance with section 6A, from the total number of points that have been incurred by the person, (Added 3 of 2002 s. 13)
and purporting to be signed by or on behalf of the Commissioner shall be admitted in any proceedings under section 8 on its production without further proof; and—
(i) until the contrary is proved, the magistrate shall presume that the certificate is so signed;
(ii) until the contrary is proved, the magistrate shall presume that the person named in the certificate is the person named in the proceedings; and
(iii) the certificate shall be prima facie evidence of the facts stated therein.
(2) Where a person on whom a summons issued under section 8(2) is served in accordance with section 14A alleges that a certificate mentioned in this section is incorrect, the magistrate shall give him an opportunity to apply to the Commissioner under section 13 and may adjourn the hearing for this purpose. (Amended 4 of 2009 s. 2)
(3) A certificate stating that—
(a) the person named in it was disqualified from holding or obtaining a driving licence under section 8 of this Ordinance;
(b) the date upon which such disqualification was imposed; and
(c) the period of such disqualification,
and purporting to be signed by or on behalf of the Commissioner shall be admitted in any proceedings before any court without further proof; and—
(i) until the contrary is proved, the court shall presume that the certificate is so signed;
(ii) until the contrary is proved, the court shall presume that the person named in the certificate is the person named in the proceedings; and
(iii) the certificate shall be prima facie evidence of the facts stated therein.

### Road Traffic (Driving-offence Points) Ordinance 《道路交通(違例駕駛記分)條例》

10. Deposit of driving licence
Where a magistrate makes an order under section 8 that a person shall be disqualified from holding or obtaining a driving licence and at the date of such order the person holds a driving licence, an international driving permit, a domestic driving permit or a domestic driving licence, he shall deposit the licence or permit with the magistrate within 72 hours of the making of the order or such longer period as the magistrate may determine.
(Amended 81 of 1990 s. 7)

11. Notice of order
Where a magistrate orders under section 8 that a person shall be disqualified from holding or obtaining a driving licence, the magistrate shall forthwith cause notice of the order to be sent to the Commissioner and the Commissioner of Police and if such person at the date of the order held a driving licence, an international driving permit, a domestic driving permit or a domestic driving licence, shall cause such licence or permit to be forwarded to the Commissioner as soon as it is produced to the magistrate in accordance with section 10.
(Amended 81 of 1990 s. 8)

11A. Surrendered licence or permit of a visiting driver
Where, pursuant to section 11, a magistrate has forwarded to the Commissioner an international driving permit, a domestic driving permit or a domestic driving licence of a person who has been ordered to be disqualified from holding or obtaining a driving licence, the Commissioner shall—
(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.
(Added 81 of 1990 s. 9)

12. Offence and penalty
(1) Any person against whom an order under section 8 is made who fails, without reasonable excuse, to comply with section 10 commits an offence and is liable to a fine at level 2 and to imprisonment for 1 month. 
(2) If a person disqualified under this Ordinance from holding or obtaining a driving licence—
(a) applies for or obtains a driving licence while he is so disqualified; or
(b) while he is so disqualified drives a motor vehicle,
he commits an offence and is liable to a fine at level 3 and to imprisonment for 12 months.
(Amended E.R. 5 of 2021)