HONG KONG: Measures scheduled for implementation Monday are just the beginning of what authorities intend as a relentless crackdown on drinking and driving.

Random breath testing of drivers begins Monday on Hong Kong streets. The next phase of the effort promises even stiffer laws including an absolute prohibition of alcohol for drivers of heavy vehicles.

The Road Safety Council Friday said it will monitor results from the new mandatory breath testing to assist in formulating further measures to keep drinking drivers off the roads.

Secretary for Transport and Housing Eva Cheng and the Council for Road Safety Campaign Committee chairman Lawrence Yu briefed reporters Friday on measures for prevention of drunk driving after an inter-departmental meeting attended by 20 representatives, including legislators and police.

The meeting serves to underscore the determination of authorities, soon after a fatal crash three days before the lunar new year. Six people riding in a taxi died January 23, when their vehicle was hit by a light truck. The driver of the truck registered a blood alcohol content four times higher than the legal limit.

Killed in the morning rush hour crash were the taxi driver and five construction workers who were passengers in the taxi.

Commencing Monday, police are mandated to conduct random breathalyzer tests, whether or not there is probable cause against any driver. Drivers, whose blood alcohol level exceeds the legal limit of 50mg of alcohol per 100ml of blood, face an automatic three month license suspension. A mandatory two year license suspension awaits repeat offenders.

The maximum penalty for the more serious charge of dangerous driving causing death will increase from five years to 10 years. Most of the more serious cases will be tried in District Court, which can impose sentences up to seven years. Magistrates' Courts are limited to three year terms when ordering incarceration. The most serious cases of drunk driving will be elevated to the High Court.

The government will review the effectiveness of the new measures six months after implementation.

Yu said the council will consider proposing "zero tolerance" of alcohol for drivers of heavy vehicles, such as trucks and coaches, if the new measures fail to deter drinking drivers.

"These drivers will need to be cautious of the food they eat," he said. "(Under tougher laws), they could not eat wine-poached chicken before driving."

Cheng said the government will consider introducing a new statute for "drinking-driving causing serious bodily harm".

The government will also study Australia's example of graduated penalties predicated on blood alcohol content of drivers who break the law.

Exacerbating factors, such as driving under the influence of alcohol and performance inhibiting drugs, may be considered for enhanced penalties, Cheng said.

She said a consultation exercise on the proposals is planned during the current legislative year.

She expressed the belief that the measures that go into effect Monday will prove effective. She cites many examples from overseas, revealing that random breath testing can help reduce drunk driving by as much as 70 percent.

"Increasing the penalty is not the only way to combat drunk driving," she said. "We understand that there are worries in the community about increasing penalties. We need to be cautious."

Yu said his council plans to exhibit the remains of vehicles wrecked in major crashes in tunnels and along major expressways, to remind motorists of the damage dangerous drivers can cause.

But Yu opposed using posters to show bloodied victims, a common practice in some countries overseas and on the mainland. She said many would find such posters distasteful.

Democratic Alliance for the Betterment and Progress of Hong Kong legislator Lau Kong-wah said he supported the move to elevate serious drunk driving cases to the District and High Court for trial.

Civic Party legislator Ronny Tong also supported the move and suggested the government should issue guidelines on sentencing to the courts.

But Joint Committee of China-Hong Kong Transport Trade spokesman Stanley Chiang said he opposes further increases in penalties for drunk driving and he opposes a "zero tolerance" standard for drivers of heavy vehicles.

"We have just extended the maximum penalties for dangerous driving causing death from five to 10 years. I have reservations about further extending the sentencing just because of one single accident," he said. "Small vehicles can also cause death. It is not fair to put a different standard against heavy vehicles."

(HK Edition 02/07/2009 page1)