The deterrent effect of drug driving laws in Hong Kong : a multi-dimensional analysis

Abstract

An increase in drug driving cases was observed in 2010. To tackle the seemingly increasing road hazards, the Hong Kong SAR government considered the urgent need to provide enforcement measures against drug driving offences. The Road Traffic Ordinance (Cap. 374) was amended in 2011 and issues relating to illicit drugs under the amended ordinance will be discussed in detail in this research paper. This thesis serves as a pioneer study on this topic in Hong Kong that could also provide a path and direction for professionals when it comes to the evaluation of the legislation in the future. The purpose of this paper is to evaluate, through in-depth interviews and survey questionnaires, the effectiveness of this legislation from different aspects such as the deterrent effect on drug drivers, the effect in changing the driving behaviour of road users, and the practicality of being a useful tool in combating drug driving by law enforcement agencies.

This research contains in-depth interviews of the stakeholders such as persons with drug experience, police officers, social workers and the comments of the general public on drug driving legislation through questionnaires. In addition, comparisons between jurisdictions of various countries will be discussed. The analysis of the research findings indicates that people in Hong Kong welcomed the legislation because they believed it could deter potential drug driving offences. Also, the new legislation offers police officers the legitimate power to collect evidence from drivers suspected of driving under the influence of drugs. However, the public’s knowledge of the content and punishments regarding this legislation is considered to be moderate at best. Furthermore, those with drug experience consider that this legislation will indeed not have much impact on drug driving. It is anticipated that the government will need to devote more resources to promoting public awareness of the concerned legislation.