I refer to the letter headlined 'Junction query' (South China Morning Post, July 10).
Under the law, neither a pedestrian nor a vehicle on a private driveway across a pavement has absolute preference over each other.
It is, however, advised in the Road Users' Code that 'drivers have the legal and moral responsibility to take proper care to avoid accidents with pedestrians at all times and places' and 'when entering or emerging from a place facing the road' and wherever possible using proper driveways should 'give way to pedestrians'. Also, pedestrians are always advised to be on the lookout for vehicles when they approach a driveway across the pavement.
While a failure on the part of any road user to observe any rule or follow any advice in the code is in itself not an offence, any such failure may be taken into account in any proceedings when deciding if a road user was at fault.
for Commissioner of Police