OVERVIEW
In Hong Kong, Driving whilst Disqualified is a very serious criminal offense governed principally by Section 44 of the Road Traffic Ordinance (Cap. 374). Because it represents a direct defiance of a court order, magistrates often impose immediate custodial sentences, even for first-time offenders.
STATUTORY PROVISIONS
Section 44 of the Road Traffic Ordinance (Cap. 374)
The relevant part of the current statutory provision states:
“A person who drives a motor vehicle on a road while disqualified from holding or obtaining a driving licence commits an offence.”
RELATED OFFENCE
Additional Charge: Driving without Third Party Insurance
A disqualified driver cannot be validly insured for his or her own driving during the period of disqualification. A person caught driving while disqualified will therefore ordinarily also face a separate charge of using a motor vehicle without third-party insurance under section 4 of the Motor Vehicles Insurance (Third Party Risks) Ordinance (Cap. 272).
In HKSAR v Chan Wing Kuen, HCMA 1047 and 1048/2005, the court dealt with convictions for driving while disqualified and using a vehicle without third-party insurance arising from the same incidents. The sentencing court observed that the public was placed at risk because a disqualified driver could not be insured for that driving.
Maximum Penalty
Maximum Penalty
- Under section 44 of the Road Traffic Ordinance (Cap. 374), the maximum penalty is a fine of HK$10,000 and imprisonment for 12 months.
- Disqualification: Unless there is a special reason, the court must impose a further disqualification of at least 12 months for a first conviction and at least 3 years for a second or subsequent conviction.
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.