OVERVIEW
In Hong Kong, the obligations to stop, remain at the scene, and report a traffic accident are governed by Section 56 of the Road Traffic Ordinance (Cap. 374).
Obligations to stop and remain at the scene (and give your particulars) arise when there has been an accident and people are injured or damage is caused to another vehicle.
An accident must be reported to the Police if it involves personal injury or, in a damage-only accident, if the required particulars were not provided at the scene.
STATUTORY PROVISIONS
Section 56 of the Road Traffic Ordinance (Cap. 374)
The relevant part of the current statutory provision states:
“If owing to the presence of a vehicle on a road an accident occurs whereby personal injury is caused to a person other than the driver of that vehicle, or damage is caused to a vehicle, animal or other thing, the driver of that vehicle shall stop.”
Obligation to Stop and Provide Particulars
The Obligation to Stop and Provide Particulars
Under Section 56(1), if an accident occurs owing to the presence of a vehicle on a road and causes injury to a person other than the driver of that vehicle, or damage to a third-party vehicle, structure, specified animal or other property, the driver must stop.
Once stopped, the driver is legally required by Section 56(2) to remain at the scene and provide their personal and vehicle particulars to any police officer or any person having reasonable grounds for requiring them, such as the other driver or property owner. The required details include:
- Driver's particulars: The driver's name and address.
- Owner's particulars: The name and address of the vehicle's owner.
- Vehicle particulars: The vehicle's registration or identification mark or number.
- Who may request them: A police officer or another person having reasonable grounds for requiring the particulars.
Obligation to Report
The Obligation to Report to the Police
The duty to report an accident to the Police depends on whether anyone was injured and, in a damage-only accident, whether the required particulars were provided at the scene.
When someone is injured
Under section 56(3), where the accident involves personal injury to another person, the driver must report the accident in person at the nearest police station or to a police officer as soon as reasonably practicable and, in any event, no later than 24 hours after the accident. The statutory exception applies where the driver is incapable of reporting because of injuries sustained in the accident.
When only a vehicle or property is damaged
Where the accident causes damage but no personal injury, the driver must stop and provide the particulars required by section 56(2) to a police officer or a person having reasonable grounds for requiring them. If those particulars are provided, section 56 does not impose the separate reporting duty under section 56(2A).
The 24-hour reporting rule for damage
Under section 56(2A), if the driver does not provide the required particulars for any reason—for example, because the owner of a parked vehicle or damaged property is absent—the driver must report the accident in person at the nearest police station or to a police officer as soon as reasonably practicable and, in any event, within 24 hours.
Maximum Penalty
Maximum Penalty
- Under section 56 of the Road Traffic Ordinance (Cap. 374), contravention of the applicable duties to stop, give particulars or report a qualifying accident carries a maximum level 3 fine, currently HK$10,000, and imprisonment for 12 months.
- Driving-offence Points: Failure to stop after an accident incurs 5 driving-offence points. Failure to give the required particulars and failure to report the accident each incur 3 driving-offence points. Please see the Transport Department's official points table.
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.