陳柏豪律師接受《南華早報》採訪，講解立法會議員陳家佩涉嫌逆線駕駛汽車，有機會干犯危險駕駛，以及一旦定罪時可能遭受的刑罰，包括罰款及社會服務令等。
值得留意的是，不小心駕駛屬交通定罪，而危險駕駛則屬刑事定罪，後者會留有案底。
” … Lawyer Eric Chan Pak-ho, who runs his own firm CPH Legal, said whether the incident constituted a criminal offence depended on how police charged her. If it were careless driving, it would not be a criminal offence, but it would be if it were dangerous driving.
He also noted that Article 79 of the Basic Law stipulated that a lawmaker would be disqualified if he or she was convicted and sentenced to imprisonment for one month or more for a criminal offence, and would be relieved of his or her duties if two-thirds of sitting Legislative Council members passed a motion.
“Judging from the dashboard camera footage, let’s say she is charged with dangerous driving, I would guess there is no need for imprisonment but a likelihood for a fine or community service order if we refer to past cases,” Chan said.
“A fine will be more likely, I think, if she is found guilty. After all, no one was injured, and the court may consider the case relatively less serious [in nature].””
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