1. Elements of the offence
According to section 39 of the Road Traffic Ordinance (Cap.374 of the Laws of Hong Kong), “A person who drives or attempts to drive or is in charge of a motor vehicle on any road while he is under the influence of drink or drugs to such an extent as to be incapable of having proper control of the motor vehicle commits an offence”.
That sounds simple and straight-forward. However, upon a detailed examination of the wording of this section 39, we may find certain elements of this offence problematic: