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Polly Hui

Conflict in regulations sees motorist's conviction dismissed by High Court

Police have said they will continue to uphold the rules of the road on the Lantau Link despite a High Court ruling against the government for failing to gazette a change to the speed limit.

The case highlighted a conflict between two regulations, and a legal expert said the government must clear up the inconsistency.

The High Court on Thursday ruled in favour of Chan Chiu-kwok, who had been convicted on the  road last July.

He was caught driving 97 km/h in an area where the speed limit had been changed from 50km/h to 80km/h, and marked with signs. He was fined $1,800.

Mr Chan appealed, on the grounds that the Commissioner of Police had not gazetted the speed change - as required under the Road Traffic Ordinance.

The court agreed that the speed change was not in compliance with the ordinance, and struck down Mr Chan's fine.

Ma Wai-luk, chief superintendent at the police public relations unit, said: 'We want the public to know that this is an isolated incident.

'We will study the verdict and seek the advice of the Department of Justice to see how the relevant pieces of regulations should be interpreted and consider whether we will lodge an appeal.'

The force will continue to prosecute speeders under existing legal procedures, a spokesman said. That means drivers must obey temporary speed limits set by the police or Transport Department even if the changes are not gazetted.

The Democratic Party last night criticised the police reaction, saying if the force did not agree with the verdict it should launch an appeal as soon as possible.

However, under the Tsing Ma Control Area (General) Regulation, the commissioner can at any time and without notice, erect a traffic sign or light signal to display a temporary speed limit for vehicles using the Lantau Link bridge, in accord with changes in the weather or other conditions.

The police said they would operate under the Tsing Ma regulation until the conflict is resolved.

Eric Chui Wing-hong, assistant professor of law at City University of Hong Kong, said the government needed to tackle the grey area resulting from two conflicting regulations.

'It is important to clarify the meaning of 'temporary change of speed limit',' he said.

'It is understandable to alter the limit for a short time in situations like a typhoon without gazetting the change.

'But changes of a longer period should be gazetted,' he said.

Ng Kwok-hung, spokesman for the Taxi Associations Federation, said his group had met 10 taxi drivers who had been fined or had  points deducted from their licence because of speeding on the road.



Speeding law setback won't deter us: police