OVERVIEW
In Hong Kong, Dangerous Driving under Section 37 of the Road Traffic Ordinance (Cap. 374) is a serious criminal offense targeting driving behavior that falls significantly short of minimum road safety standards.
Common Examples of Dangerous Driving
- Driving against traffic: Entering a highway or bridge lane in the opposite direction.
- Aggressive racing: Engaging in unauthorized street racing or high-speed tailgating maneuvers.
- Ignoring core safety signals: Blatantly running red lights or overtaking blindly over double white lines.
- Severe physical impairment: Persisting to drive while completely incapacitated by extreme fatigue, illness or illegal substances.
STATUTORY PROVISIONS
Section 37 of the Road Traffic Ordinance (Cap. 374)
The relevant part of the current statutory provision states:
“A person who drives a motor vehicle dangerously on a road commits an offence.”
ELEMENTS OF THE OFFENCE
The Statutory Definition of Dangerous
Section 37(4)–(7):
A person is to be regarded as driving dangerously within the meaning of subsection (1) if—
(a) the way he drives falls far below what would be expected of a competent and careful driver; and
(b) it would be obvious to a competent and careful driver that driving in that way would be dangerous.
(5) A person is also to be regarded as driving dangerously within the meaning of subsection (1) if it would be obvious to a competent and careful driver that driving the motor vehicle concerned in its current state would be dangerous.
(6) For the purposes of subsections (4) and (5), dangerous refers to danger either of injury to any person or of serious damage to property.
(7) For the purposes of subsections (4) and (5), in determining what would be expected of, or obvious to, a competent and careful driver in a particular case, regard shall be had to all the circumstances of the case including—
(a) the nature, condition and use of the road concerned at the material time;
(b) the amount of traffic which is actually on the road concerned at the material time or which might reasonably be expected to be on the road concerned at the material time; and
(c) the circumstances (including the physical condition of the accused) of which the accused could be expected to be aware and any circumstances (including the physical condition of the accused) shown to have been within the knowledge of the accused.
In HKSAR v Lam Ho Yin (CACC 11/2010), applying R v Conteh [2004] RTR 1, the Court of Appeal emphasised that dangerous driving has a high threshold and differs from careless driving in degree.
- High Threshold for Dangerous Driving: Adopting the UK precedent R v Conteh, the court emphasized that the law sets a very high bar for a manner of driving to be legally labelled as dangerous. The prosecution must satisfy both strict objective criteria: the driving must fall far below competent standards, and the danger must be completely obvious to a reasonable driver.
- Consequence vs. Conduct: The Court of Appeal explicitly ruled that a tragic or severe outcome does not automatically dictate the nature of the driving offence. A driver cannot be convicted of dangerous driving simply because someone died; the court's focus must remain squarely on the fault in the driver's behaviour before the crash.
In HKSAR v Lam Chi Fat [2012] 1 HKLRD 961, the Court of Appeal confirmed that the manner of driving must be assessed objectively: serious injury or death does not by itself prove that the driving was dangerous, and an intention to drive dangerously is not an element of the offence.
- What Constitutes Dangerous Driving: The prosecution must point to specific acts that show a blatant disregard for road safety. The court identified indicators of dangerous driving, including:
- Severe, excessive speeding, especially in adverse weather.
- Deliberate non-compliance with critical traffic signs, such as running red lights or ignoring pedestrian crossings.
- Consciously operating a heavily overloaded or visibly poorly maintained vehicle.
- Driving while consciously knowing that one is medically unfit, severely ill or intoxicated.
SECTION 37(9)
Alternative Verdict: Careless Driving
Under section 37(9) of the Road Traffic Ordinance (Cap. 374), when a person is tried for dangerous driving under section 37(1), the court or magistrate may acquit the defendant of dangerous driving and instead find the defendant guilty of careless driving under section 38.
This alternative verdict may be returned where the prosecution has not proved the higher dangerous-driving threshold—driving that falls far below the standard expected of a competent and careful driver, with danger that would be obvious to such a driver—but the evidence proves driving without due care and attention or without reasonable consideration for other road users.
The power does not mean that dangerous driving is automatically reduced whenever its elements are not proved. The evidence must still establish every element of careless driving beyond a reasonable doubt before that alternative conviction can be entered.
DRIVING IMPROVEMENT COURSE
Mandatory Driving Improvement Course
Under section 72A(1A) of the Road Traffic Ordinance (Cap. 374), a person convicted of dangerous driving under section 37 must be ordered to attend and complete a driving improvement course at their own cost.
Where the course requirement applies, the driver remains disqualified until both the applicable minimum disqualification period has expired and the course has been completed. Completion is therefore required before the driving licence can be issued, reissued or renewed.
Maximum Penalty
Maximum Penalty
- Under section 37 of the Road Traffic Ordinance (Cap. 374), the maximum penalty is a fine of HK$25,000 and imprisonment for 3 years.
- Disqualification: The minimum disqualification is 6 months for a first conviction and 2 years for a second or subsequent conviction. Completion of a driving improvement course is mandatory.
- Driving-offence Points: The offence incurs 10 driving-offence points. Please see the Transport Department's official points table.
- Aggravating Circumstance: Under section 37(2D), the maximum fine, maximum imprisonment and minimum disqualification period are each increased by 50% when the offence is committed in circumstances of aggravation. Section 37(2E) defines those circumstances as Tier 3 alcohol or any concentration of a specified illicit drug in the person's blood or urine at the time of the offence.
HOW MCS CAN ASSIST
Advice and representation
MCS can assess the charge, the statutory elements and the prosecution evidence; advise on interview, plea, trial and sentence; and identify any defence or evidential issue available on the facts.