Cap. 65 Art. 15EProvision of specimen for analysis.

(1) In order to determine whether a person has committed an offence under articles 15A, 15B(1) and 15BA(1) a Police officer

may require such person -

(a) to provide a breath specimen or specimens for analysis

by means of the approved device, according to

regulations made under this Ordinance, and the result so obtained shall be admissible in evidence in any proceedings for an offence under articles 15A, 15B(1) and 15BA(1). The results of the analysis shall be presumed correct unless the contrary is proved; or

(b) to provide a specimen or specimens of blood and urine for laboratory analysis, which shall take place at an approved laboratory, according to regulations made under this Ordinance, and the opinion of the analyst in that laboratory and the results of the analysis shall be admissible in evidence in any proceedings for an offence under articles 15A, 15B(1) and 15BA(1). The results of the analysis shall be presumed correct unless the contrary is proved: Provided that the Police may in addition to the specimens of breath require also a specimen of blood or two specimens of urine; or

(c) to provide a specimen or specimens of oral fluid for analysis by means of an approved device, in accordance with the Drug Driving Testing

Regulations, and the result so obtained shall be admissible as evidence in any proceedings related to an offence under articles 15A, 15B(1) and 15BA(1). The results of the analysis shall be presumed correct unless the contrary is proved; or

(d) to provide a specimen or specimens of oral fluid for confirmatory analysis, which shall take place at an approved laboratory, according to the Drug Driving

Testing Regulations, and the results of the analysis shall be admissible as evidence in any proceedings for an offence under articles 15A, 15B(1) and 15BA (1). The results of the analysis shall be presumed correct unless the contrary is proved.

(2) (Deleted by Act VII. 2010.41.).

(3) (Deleted by Act VII. 2010.41.).

(4) A person who refuses or fails to provide the requisite specimen as provided under this article or regulations made under this Ordinance shall be guilty of an offence and unless the contrary is proved, it shall be presumed that the proportion of alcohol in that person’s blood exceeds the prescribed limit or has drugs in his body, or in the case of tetrahydrocannabinol, exceeds the prescribed limit: Provided that it shall be a defence for such person to prove that his failure to provide a specimen was due to physical or mental incapacity to provide it or because its provision would entail a substantial risk to his health.

(5) Where a person has been found guilty of an offence against any of the provisions of articles 15A, 15B or 15BA(1), the court may, besides sentencing the offender to the punishment applicable according to law, order him to pay the fees, or part thereof, due to the person or persons who shall have made the analysis under the provisions of this article.

(6) In a prosecution for an offence under articles 15 to 15I it shall be presumed, until the contrary is proved, that a device provided by a member of the police for the purpose of enabling a person to provide an oral fluid specimen is a device for indicating the presence of drugs in oral fluid.