### Road Traffic Ordinance 《道路交通條例》

66. Power to test for excessive smoke
(1) A police officer in uniform of the rank of sergeant or above who has reason to believe that an offence relating to the emission of smoke or visible vapour is being or has been committed in respect of a motor vehicle which is on a road or in any public place may stop and examine the vehicle, and may measure or cause to be measured by means of prescribed apparatus the emission of smoke or visible vapour from the vehicle.
(2) A police officer of the rank of sergeant or above who has reason to believe that an offence against this Ordinance relating to the emission of smoke or visible vapour has been committed within the preceding 14 days may by notice in writing served personally or by post on the owner of the vehicle require production of the vehicle at such vehicle examination centre or police station on such date and at such time as may be specified in the notice for the purpose of—
(a) measurement of the emission of smoke or visible vapour by means of prescribed apparatus; or
(b) examination of the vehicle to ascertain whether its condition remains such that its use results in the commission of an offence against this Ordinance relating to the emission of smoke or visible vapour.
(3) An owner served with a notice under subsection (2) who fails without reasonable excuse to produce the vehicle on the date and at the time and place specified in the notice commits an offence and is liable on conviction to a fine at level 1. (Amended E.R. 2 of 2021)

### Road Traffic Ordinance 《道路交通條例》

67. Power to seize document, vehicle licence or registration mark
(1) If a police officer has reasonable cause to believe that a document produced to him pursuant to the provisions of this Ordinance or any requirement made thereunder is a document in relation to which an offence has been committed under section 111, he may seize the document; and when a document is seized under this subsection, the person from whom it is taken shall, unless the document has been previously returned to him or he has been previously charged with an offence under section 111, be summoned before a court or magistrate to account for his possession of the said document and the court or magistrate shall make such order regarding the disposal of the document and award such costs as the justice of the case may require. [cf. 1972 c. 20 s. 173(1) U.K.]
(2) If a police officer has reasonable cause to believe that a document, vehicle licence or registration mark carried on a motor vehicle or by the driver thereof is a document, vehicle licence or registration mark in relation to which an offence has been committed under section 111, he may seize the document, vehicle licence or registration mark and when a document, vehicle licence or registration mark is seized under this subsection either the driver or the owner of the vehicle shall, if the document, vehicle licence or registration mark is still detained and neither of them has previously been charged with an offence in relation thereto under this Ordinance, be summoned before a court or magistrate to account for his possession of, or the presence on the vehicle of, the said document, vehicle licence or registration mark and the court or magistrate shall make such order respecting the disposal of the said document, vehicle licence or registration mark and award such costs as the justice of the case may require. [cf. 1972 c. 20 s. 173(2) U.K.]
(3) For the purposes of this section the power to seize includes power to detach from a vehicle. [cf. 1972 c. 20 s. 173(2) U.K.]

### Road Traffic Ordinance 《道路交通條例》

68. Notice of intention to prosecute for certain offences
(1) Subject to subsection (2), a person prosecuted for an offence under section 36, 36A, 37, 38 or 41 (which relate respectively to causing death by dangerous driving, causing grievous bodily harm by dangerous driving, dangerous driving, careless driving and driving in excess of the speed limit) shall not be convicted of such offence unless— (Amended 33 of 2000 s. 5; 19 of 2010 s. 17)
(a) he was warned at the time of the commission of the offence or within 24 hours thereafter that the question of prosecuting him under some one or other of the provisions aforesaid would be taken into consideration; or
(b) within 14 days of the commission of the offence, either he was charged before a magistrate or a summons in respect thereof was served on him; or
(c) within 14 days, excluding public holidays, of the commission of the offence, a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed was served on him, or sent by registered post to him, or served on or sent by registered post to the person in whose name the vehicle was registered at the time of the commission of the offence; or
(d) in the case of an offence under section 41, he was served with a notice under section 3(3) of the Fixed Penalty (Criminal Proceedings) Ordinance (Cap. 240) and has failed to comply therewith.
(2) Subsection (1) shall not apply if it appears to the court or magistrate that—
(a) the person prosecuted was not prejudiced in his defence by a failure to comply with that subsection; or
(b) the person prosecuted by his own conduct contributed to the failure to comply with that subsection.
(3) The requirements of subsection (1) shall in every case be presumed to have been complied with unless and until the contrary is proved.

### Road Traffic Ordinance 《道路交通條例》

69. Disqualification on conviction of certain offences
(1) Without prejudice to any other provision relating to the penalty that may be, or is required to be, imposed for an offence, a court or magistrate before which a person is convicted of any of the following offences may order him to be disqualified for such period as the court or magistrate thinks fit— (Amended 23 of 2008 s. 16)
(a) any offence under this Ordinance in connection with the driving of a motor vehicle; (Amended 43 of 1986 s. 3)
(b) an offence under section 63(6);
(c) stealing a motor vehicle;
(d) an offence under section 14(1) of the Theft Ordinance (Cap. 210) in respect of a motor vehicle;
(e) an offence under section 27 of the Theft Ordinance (Cap. 210) committed with reference to the theft or taking of motor vehicles;
(f) a contravention of any of the following provisions of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374 sub. leg. D), namely regulation 37(a), (b), (c) and (d) (relating to the obligations of taxi drivers) and regulation 47 (relating to prescribed taxi fares); (Replaced 66 of 1984 s. 9)
(g) any offence under any regulation made under section 9 of using or causing or permitting the use on a road of any motor vehicle or trailer in contravention of any provision or requirement of any such regulation as to brakes, tyres or steering gear, except where the convicted person proves that he did not know and had no reasonable cause to suspect that the facts of the case were such that the offence would have been committed;
(h) any offence during the course of which, or in order to escape apprehension for which, he uses a motor vehicle.
(2) A disqualification—
(a) imposed in respect of an offence specified in subsection (1)(f), shall be limited to the driving of a taxi; and
(b) imposed in respect of any other offence specified in subsection (1) shall be a disqualification from holding or obtaining any driving licence. (Replaced 43 of 1986 s. 3)
(3) When a person is convicted of aiding, abetting, counselling or procuring or inciting the commission of an offence under Part 5 or section 52(1), and it is proved that he was present in the vehicle at the time of the commission of the offence, the offence of which he is convicted shall, for the purposes of this Ordinance, be deemed to be an offence in connection with the driving of a motor vehicle.
(Amended E.R. 2 of 2012)