Common Traffic Offences
Read whole topic Back Print Forward

12. Related to cycling

A bicycle or tricycle basically has the same right to use a road as a motor vehicle.  Needless to say, the rider of a bicycle or tricycle also has the duty to exercise due care when using the road.  Major offences related to cycling include:

  1. Reckless cycling under section 45 of the Road Traffic Ordinance (Cap.374 of the Laws of Hong Kong), where the maximum sentence is: a fine of $500 for a first conviction, and a fine of $1,000 and imprisonment for 3 months for the second or subsequent conviction;
  2. Careless cycling under section 46 of the Road Traffic Ordinance (Cap.374 of the Laws of Hong Kong), where the maximum sentence is a fine of $500;
  3. Cycling under the influence of drink or drugs under section 47 of the Road Traffic Ordinance (Cap.374 of the Laws of Hong Kong), where the maximum sentence is: a fine of $500 for a first conviction, and a fine of $1,000 for the second or subsequent conviction and imprisonment for 3 months; and
  4. Section 4(8) of the Summary Offences Ordinance (Cap.228of the Laws of Hong Kong), which prescribes that it shall be an offence if someone “rides or drives on any foot-path without obvious necessity” or “in any public place rides or drives recklessly or negligently or at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case”.  The maximum sentence is a fine of $300 or imprisonment for 3 months.

One could easily observe that there is no offence like “dangerous cycling” or “dangerous cycling causing death”, as if the act of cycling cannot possibly be dangerous nor cause death.  That is obviously not true.  Common sense will tell us that a bicycle can also be dangerous.

  1. Cyclist A rode a bicycle frantically and knocked into cyclist B.  Cyclist B suffered serious injury and eventually died.  Can cyclist A be prosecuted under the Road Traffic Ordinance (Cap.374 of the Laws of Hong Kong)?
Top