Concerns voiced over possible disruption of transport services

Police officers will be given powers to compel drivers suspected of using drugs to undergo roadside impairment screening tests under a government proposal to crack down on drug users who drive.

Speaking to reporters Monday at the Central Government Offices, Secretary for Transport and Housing Eva Cheng said that if the proposal ultimately comes into law, drivers who failed screening checks, such as speech, perception, pupilary, physical coordination and numeracy tests, would be required to give urine and blood samples for verification.

Cheung ruled out roadside tests as impracticable because a proven and robust check for ketamine, a commonly abused drug, has yet to be developed, adding that she expected the entire process for suspect drivers would take 20 to 30 minutes.

Drivers who refuse to take the screening test or give fluids will have their licenses confiscated for 24 hours and will be charged according to a Transport and Housing Bureau consultation paper tabled for discussion by the Legislative Council Friday.

A spokesman for the Bureau said roadside screening test thresholds were high enough to protect drivers' rights.

Cheung said there are checks and balances and complaint channels sufficient to prevent wayward officers from improperly targeting certain drivers.

"Our inter-departmental group has studied the regimes of Australia and the UK and has come up with a series of measures. One of the important proposals we are now taking forward is adopting a zero-tolerance arrangement for six kinds of commonly abused drugs," Cheng said.

Under the proposal, any driver who tests positive for any amount of heroin, ketamine, ice, cannabis, cocaine or ecstasy will be charged with a criminal offense.

For people driving under the influence of doctor-approved medication such as triazolam, other sedatives over-the-counter or prescription drugs, Cheng said a more lenient approach would be taken and that a defense will be provided in law for people who unwittingly test positive for a prescription drug, provided there are no aggravating factors.

Penalties have been suggested that would be in line with drink-driving offenses, viz. a HK$25,000 fine and three years' imprisonment, while penalties for those who test positive for zero-tolerance drugs will be increased 50 percent.

The Bureau will hold a public consultation this summer, with the law to be tabled in the next legislative year.

Deputy Chairman of the Legislative Council's Panel on Transport and Democratic Party legislator Andrew Cheng called for speedy implementation of the law.

He said the law could be merged into those targeting drink driving and that drugged drivers should be barred from driving for life.

Democratic Alliance for the Betterment and Progress of Hong Kong lawmaker Lau Kong-wah said he hoped a roadside test could be introduced as soon as possible.

Chairman of the Institute of Advanced Motorists Michael Mong said the law was needed to take unsafe drivers off roads, but Chairman of the Public Light Bus General Association Ling Chi-keung said the time needed for the tests would present a huge problem for people who transport passengers or freight for a living.

"What if a driver has passengers or a delivery and he's stopped for 20 to 30 minutes?" he said, adding he wanted the upper limit for non-zero-tolerance drugs made perfectly clear, since many drivers were on high-blood pressure medication.

According to the Bureau, there were 37 cases of driving under the influence of drugs in the first half of the year, compared to 11 in 2009 and four in 2008.

China Daily

(HK Edition 07/20/2010 page1)