Clause 5

by deleting subsections (1) to (4) and substituting the following subsections:“(1) Where any police investigation into the possible commission of any offence referred to in subsection (2) is commenced against any person who, while driving a motor vehicle on a road or in any public place, was involved in any traffic incident resulting in —

serious injury or death to another person; or

serious damage to any building or structure,the Deputy Commissioner of Police may, immediately upon or at any time after the commencement of such police investigation, suspend the driving licence of that person.(2) Subsection (1) applies in respect of any of the following offences:

an offence under section 64, 65A, 66 or 67;

an offence under section 84(7) arising from a failure to comply with section 84(3);

an offence under section 3 of the Motor Vehicles (Third-Party Risks and Compensation) Act (Cap. 189);

an offence under section 279 or 304A of the Penal Code (Cap. 224).(3) The suspension of a person’s driving licence under subsection (1) shall, unless it is sooner rescinded by the Deputy Commissioner of Police under subsection (10), remain in force until the offence on account of which the person’s driving licence is so suspended has been tried and determined by a court.(4) Where the Deputy Commissioner of Police suspends the driving licence of a person under subsection (1), the Deputy Commissioner of Police shall, as soon as is practicable, give to the person concerned a notice in writing —

informing the person concerned of the suspension of his driving licence and the date from which the suspension is to take effect; and

requiring the person concerned to surrender his driving licence to the Deputy Commissioner of Police within such time as may be specified in the notice.”; and

by deleting subsection (8) and substituting the following subsections:“(8) A person aggrieved by the suspension of his driving licence under subsection (1) may, within 14 days after the receipt of the notice referred to in subsection (4) or such extended period of time as the Minister may allow in any particular case, appeal in writing against the suspension to the Minister whose decision shall be final.(9) Notwithstanding that any appeal under subsection (8) is pending, the suspension of a person’s driving licence under subsection (1) shall take effect from the date specified in the notice given to him by the Deputy Commissioner of Police under subsection (4), unless the Minister otherwise orders.(10) The Deputy Commissioner of Police may, at any time, rescind the suspension of a person’s driving licence under subsection (1) on account of any offence referred to in subsection (2), but shall, as soon as is practicable, rescind the suspension if —

the investigation reveals that that person was not involved in the commission of any such offence;

it is decided that that person shall not be charged with any such offence; or

the charge against that person in respect of any such offence is withdrawn.(11) In this section, “structure” has the same meaning as in section 65A(2).”.