Traffic Regulation Ordinance (Cap. 65), article 15E

15E. (1) In order to determine whether a person has committed an offence under articles 15A, 15B(1) and 15BA(1) a Police offi cer may require such person - (a) to provide a breath specimen or specimens for analysis by means of the approve d device, according to regulations made under this Ordinance, and the result so obtained shall be admissible in evidence in any proceedings for an offence under articles 15A, 15B(1) and 15BA(1). The results of the analysis shall be presumed correct unless the contrary is proved; or (b) to provide a specimen or specimens of blood and urine for laboratory analysis, which shall take place at an approved laborato ry, according to r egulations made under this Ordinance, and the opinion of the analyst in that laboratory and the results of the analysis shall be admissible in evidence in any proceedings for an offence under articles 15A, 15B(1) and 15BA(1). The results of the analysis shal l be presumed correct unless the contrary is proved: Provided that the Police may in addition to the specimens of breath require also a specimen of blood or two specimens of urine; or S.L. 65.34. (c) to provide a specimen or specimens of oral fluid for analysis by means of an approved device, in accordance with the Drug Driving Testing Regulations , and the result so obtained shall be admissible as evidence in any proceedings related to an offence under articles 15A, 15B(1) and 15BA(1). The results of the analysis shall be presumed correct unless the contrary is proved; or S.L. 65.34. (d) to provide a specimen or specimens of oral fluid for confirmatory analysis, which shall take place at an approved laboratory, according to the Drug Driving Testing Regulations , and the results of the analysis shall be admissible as evi dence in any proceedings for an offence under articles 15A, 15B(1) and 15BA (1). The results of the analysis shall be presumed correct unless the contrary is proved. (2) ( Deleted by Act VII. 2010.41 .). (3) ( Deleted by Act VII. 2010.41 .). (4) A person who refuses or fails to provide the requisite specimen as provided under this article or regulations made und er this Ordinance shall be guilty of an offence and unless the con trary is proved, it shall be presumed that the proportion of alcohol in that person’s blood exceeds the prescribed limit or has drugs in his body, or in the case of tetrahydrocannabinol, exceeds the prescribed limit: Provided that it shall be a de fence for such person to prove that his failure to provide a specimen was due to physical or m ental incapacity to provide it or because its provision would entail a substantial risk to his health. 12 CAP. 65.] TRAFFIC REGULATION (5) Where a person has been found guilty of an offence against any of the provisions of articles 15A, 15B or 15BA(1), the cour t may, besides sentencing the offender to the punishment applicable according to law, order him to pay the fees, or part thereof, d ue to the person or persons who shall have made the analysis under th e provisions of this article. (6) In a prosecution for an offence under articles 15 to 15I it shall be presumed, until the contrary is proved, that a device provid ed by a member of the police for the purpose of enabling a person to pr ovide an oral fluid specimen is a dev ice for indicating the presence of drugs in oral fluid. Choice of specimens of breath, of oral fluid or of body fluid. Added by: VI. 1998.3. Substituted by: VII. 2010.42. Amended by: II.2026.11.