a. Obligation to submit to a screening breath test
The major statute governing the obligation to submit to a screening breath test is found in section 39B of the Road Traffic Ordinance (Cap.374 of the Laws of Hong Kong). It basically provides that a police officer in uniform may require anyone who is driving or attempting to drive or is in charge of a motor vehicle to provide a specimen of breath for a screening breath test; and it shall be an offence if anyone without reasonable excuse fails to provide the specimen of breath when required. In other words, it empowers a police officer in uniform to conduct random breath testing whether or not there is any accident involved.
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