Cap. 65 Art. 15IInterpretation of articles 15A to 15I.

(1) For the purposes of this article and of articles 15A to 15H, unless the context otherwise requires -

"breath test" means a test for the purpose of determining, by means of a device of a type approved by the Minister, whether the

proportion of alcohol in a person’s breath is in excess of the limit

prescribed by regulations under this Ordinance; "drug" shall have the same meaning as assigned to it in article 2 of the Dangerous Drugs Ordinance and in article 118A of the Medical

and Kindred Professions Ordinance:

(a) with regard to driving or attempting to drive all vehicles except those mentioned in paragraphs (b), (c) or (d):

(i) 22 microgrammes of alcohol in 100 millilitres of breath; or

(ii) 50 milligrammes of alcohol in 100 millilitres of blood; or

(iii) 67 milligrammes of alcohol in 100 millilitres of urine;

(b) with regard to driving or attempting to drive commercial vehicles:

(i) 9 microgrammes of alcohol in 100 millilitres of breath; or

(ii) 20 milligrammes of alcohol in 100 millilitres of blood; or

(iii) 27 milligrammes of alcohol in 100 millilitres of urine;

(c) with regard to driving or attempting to drive buses, coaches, vehicles on priority duty and other vehicles carrying passengers for a fee:

(i) 0 microgrammes of alcohol in 100 millilitres of breath; or

(ii) 0 milligrammes of alcohol in 100 millilitres of blood; or

(iii) 0 milligrammes of alcohol in 100 millilitres of urine;

(d) with regard to driving or attempting to drive by persons in possession of a probationary driving licence:

(i) 9 microgrammes of alcohol in 100 millilitres of breath; or

(ii) 20 milligrammes of alcohol in 100 millilitres of blood; or

(iii) 27 milligrammes of alcohol in 100 millilitres of urine: Provided that the Minister responsible for the police may, by regulations, change the prescribed limits.

" "appropriate consent" shall have the same meaning as assigned

to it in article 350 of the Criminal Code; "confirmatory test" means a specimen of an oral fluid obtained from a person suspected of committing an offence under this Ordinance or a person referred to in article 15CA or 15CB, after his preliminary test produced a positive result for drugs, which specimen is referred for analysis to an approved laboratory as listed in the

Second Schedule of the Drug Driving Testing Regulations;

"oral fluid drug test" means a test for the purpose of determining, by means of a device of a type approved by the Minister responsible for the police, whether a person is under the influence of drugs;

"preliminary test" means an oral fluid drug test carried out at the roadside, by a police officer using an approved device in accordance with the First Schedule to the Drug Driving Testing Regulations;

"serious traffic accident" means any accident which occurred on a road or other public place involving a motor vehicle or other vehicle as a result of which any person suffers any bodily harm or from which the death of a person ensues;

(2) A person is deemed to have provided a specimen of blood only if he consents to it being taken by a medical practitioner and it is so taken in such quantity and of such quality as is capable of being properly analysed for the purposes of article 15E.

(3) A person shall be deemed to have provided a specimen of urine or breath only if that specimen is provided in such a manner and in such quantity and of such quality as is capable of being properly analysed for the purposes of article 15E or for the purposes of regulations made under this Ordinance.