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

5. Appeal against conviction
(1) Where an appeal against a conviction for manslaughter is allowed to the extent of substituting a conviction for a scheduled offence, the Commissioner shall record the appropriate number of points in respect of that scheduled offence in the register of points; and the appellant shall incur that number of points on the date the appeal is so allowed.
(2) Where a person appeals against a conviction for a scheduled offence, the points incurred in respect of that offence shall be of no effect until the appeal is determined and then shall have effect subject to subsections (3) and (4).
(3) Where an appeal against a conviction for a scheduled offence is allowed, the points incurred in respect of that conviction shall have no effect and the Commissioner shall cancel the entry in the register of points in respect of that conviction.
(4) Where an appeal against a conviction for a scheduled offence is allowed to the extent of substituting a conviction for another scheduled offence, the Commissioner shall amend the entry in the register of points to record a conviction in respect of that other scheduled offence and the appropriate number of points; and the appellant shall incur that number of points on the date the appeal is so allowed.

6. Cancellation of points
(1) Where a person is disqualified from holding or obtaining a driving licence under section 8, the Commissioner shall cancel those entries in respect of that person in the register of points which relate to the offences mentioned in subsection (1) of that section and the points incurred in respect of those offences shall have no effect.
(2) Where a person, on being convicted of a scheduled offence, is disqualified under the Road Traffic Ordinance (Cap. 374) from holding or obtaining a driving licence—
(a) no points shall be incurred in respect of that offence or any other offence of which he is convicted on the same occasion; and
(b) the Commissioner shall cancel any entries in respect of that person in the register of points which relate to offences committed before the commission of the offence in respect of which that person is disqualified and the points incurred in respect of those offences shall have no effect.

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

6A. Deduction of points on completion of driving improvement courses
(1) Subject to subsections (2) and (3), where a person is issued with a course certificate, the Commissioner shall, as soon as practicable thereafter, cause 3 points to be deducted from the total number of points that have been incurred by the person under section 4.
(2) No point may be deducted under subsection (1) if, on the date the person completes the driving improvement course in relation to which he is issued with the course certificate—
(a) the person—
(i) has not incurred any point; or
(ii) has incurred 15 or more points; or
(b) the Commissioner has within the past 2 years deducted points under subsection (1) from the total number of points incurred by the person.
(3) If, on the date the person completes the driving improvement course in relation to which he is issued with the course certificate, an appeal under section 5(2) against a conviction for a scheduled offence that the person committed within the past 2 years is in progress, no point may be deducted under subsection (1) pending the determination of the appeal.
(4) The points deducted under subsection (1)—
(a) are deemed to have been deducted on the date the person completes the driving improvement course in relation to which he is issued with the course certificate; and
(b) are, for the purposes of sections 7 and 8, deemed not to have been incurred by the person.
(Added 3 of 2002 s. 10)

7. Notice of points
(1) Subject to sections 4A, 5 and 6, where 8 or more, but less than 15, points have been incurred by a person, the Commissioner shall serve on that person a notice informing him— (Amended 44 of 1986 s. 2; 81 of 1990 s. 4)
(a) of the number of points incurred by him; and
(b) that if 15 or more points are incurred by him in respect of offences which are committed within a period of 2 years of each other, he will be disqualified from holding or obtaining a driving licence. (Amended 63 of 1983 s. 2)
(2) The operation of section 8 shall not be affected by a failure to comply with subsection (1).
(3) For the purposes of subsection (1), in calculating the number of points incurred by a person, any deduction of points in accordance with section 6A shall be taken into account. (Added 3 of 2002 s. 11)

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

8. Disqualification
(1) Subject to sections 4A, 5 and 6, where 15 or more points have been incurred by a person in respect of offences which were committed within a period of 2 years of each other, he shall be liable to be disqualified from holding or obtaining a driving licence in accordance with this section. (Amended 81 of 1990 s. 5)
(2) Where the circumstances mentioned in subsection (1) arise in relation to any person, the Commissioner shall apply to a magistrate by way of complaint for the issue of a summons and a summons may be issued specifying the date of the commission of, and the number of points incurred in respect of, each offence mentioned in subsection (1).
(3) Upon the hearing of the summons and upon being satisfied that the circumstances set out in subsection (1) apply to the person on whom the summons was served, the magistrate shall order him to be disqualified from holding or obtaining a driving licence—
(a) for a period of 3 months from the date of the order if no previous disqualification has been imposed on him under this Ordinance; and
(b) for a period of 6 months from the date of the order if any previous disqualification has been imposed on him under this Ordinance,
unless the magistrate is satisfied, having regard to all the circumstances not excluded by subsection (4), that there are grounds to order a shorter period of disqualification or not to order him to be disqualified.
(4) No account shall be taken under subsection (3) of—
(a) any circumstances that are alleged to make the offence not a serious one;
(b) hardship, other than exceptional hardship; or
(c) any circumstances which, within 2 years immediately preceding the issue of the summons under subsection (2), have been taken into account under subsection (3) in ordering a shorter period of disqualification or not ordering a disqualification. (Amended 63 of 1983 s. 3)
(4A) Account shall be taken under subsection (1) of any deduction of points in accordance with section 6A. (Added 3 of 2002 s. 12)
(5) (Repealed 81 of 1990 s. 5)(6) Any disqualification imposed under subsection (3) shall apply to the driving of all classes of motor vehicles shown on the driving licence.
(7) Where a person is disqualified under this section, his driving licence, international driving permit, domestic driving permit and domestic driving licence, if any, whether obtained before or during the period of disqualification, shall be of no effect so long as the disqualification continues in force. (Replaced 81 of 1990 s. 5)
(8) (Repealed 81 of 1990 s. 5)