Navigating the aftermath of a car accident can be overwhelming, especially in a fast-paced environment like Hong Kong. Knowing the specific legal requirements and safety protocols is essential to protect your rights and ensure everyone’s safety.[Transport Department – Traffic Accidents][GovHK: Handling Emergency Traffic Incidents by Motorists]
Direct Answer: Can I leave the scene of a car accident in Hong Kong?
No. Under the Road Traffic Ordinance (Cap. 374 s.56), a driver must stop if, owing to the presence of the vehicle, an accident occurs causing personal injury or damage to another vehicle, animal, or property, and must remain long enough to allow particulars to be taken. If the incident involves personal injury, or if you fail to give required details after an accident involving damage to another vehicle, animal, or property, you must report the matter to the Police as soon as reasonably practicable and in any case within 24 hours; failing to stop or to report is a criminal offence that can lead to fines and imprisonment.[1. Duty to stop | Community Legal Information Centre (CLIC)][Hong Kong e-Legislation][police.gov.hk – Info / Doc][Transport Department – Traffic Accidents]
I. Immediate Actions: Step-by-Step Guide
Step 1: Ensure Safety and Stop Immediately
The moments following an impact are critical for safety and compliance with the law.[GovHK: Handling Emergency Traffic Incidents by Motorists][Transport Department – Traffic Accidents]
- Stop the vehicle: You must stop and remain stationary if the accident involves personal injury or damage to a third party’s vehicle, property, or animal, and you should position your vehicle safely without creating further danger. Where it is safe and the accident is minor and without injuries, vehicles may be moved to the roadside to avoid obstructing traffic after photos are taken.[1. Duty to stop | Community Legal Information Centre (CLIC)][Transport Department – Traffic Accidents][GovHK: Handling Emergency Traffic Incidents by Motorists]
- Visibility: Turn on your hazard lights, ensure your vehicle is visible to other road users, and leave enough room for emergency vehicles to pass.[Transport Department – Traffic Accidents][GovHK: Handling Emergency Traffic Incidents by Motorists]
- Assess Injuries: Check yourself, your passengers, and others involved for any obvious injury or shock, keeping in mind that some injuries may not be immediately apparent.[GovHK: Handling Emergency Traffic Incidents by Motorists][Transport Department – Traffic Accidents]
Step 2: Emergency Assistance and Police Notification
- Call 999: You should call 999 if anyone is killed or injured, if there is serious damage, or if the accident is causing danger or major obstruction on the road.[Transport Department – Traffic Accidents][GovHK: Handling Emergency Traffic Incidents by Motorists]
- Understanding the “24-Hour Rule”: If you do not give your name, address, owner’s details, and vehicle registration to the other party or a police officer after an accident involving damage, or if the accident involves personal injury, you must report the accident in person to the Police as soon as reasonably practicable and in any case within 24 hours, unless you are incapable due to injury.[Hong Kong e-Legislation][police.gov.hk – Info / Doc][Transport Department – Traffic Accidents]
- Do not move the vehicle (serious cases): If a person is killed or injured, or there is serious damage to any vehicle or property, you or others must not move or interfere with vehicles involved without police permission, except to save life, put out a fire, or deal with another emergency.[GovHK: Handling Emergency Traffic Incidents by Motorists][Transport Department – Traffic Accidents]
Step 3: Scene Documentation and Information Exchange
- Exchange particulars: You are required to provide your name and address, the name and address of the vehicle owner, and the vehicle registration mark to any police officer or any person having reasonable grounds for requiring them (such as the other party). It is also prudent to exchange phone numbers and insurance details, and to note HKID or driving licence numbers for insurance and follow‑up purposes, although these are not expressly specified in the statute.[5. Notifying an insurer | Community Legal Information Centre (CLIC)][Hong Kong e-Legislation][1. Duty to stop | Community Legal Information Centre (CLIC)][Transport Department – Traffic Accidents]
- Visual evidence: Take wide-angle photos of the entire scene, including road markings, traffic signals, and vehicle positions, and close‑ups of damage and number plates.[Transport Department – Traffic Accidents]
- Dashcam footage: Secure your dashcam footage promptly, as many devices overwrite old recordings; if safe, remove or lock the SD card to preserve evidence.
II. Post-Accident Procedures
Handling Minor Accidents (Damage Only)
If there are no injuries and only slight damage to vehicles or property, the process is more flexible.[Transport Department – Traffic Accidents][GovHK: Handling Emergency Traffic Incidents by Motorists]
- Moving the vehicle: For minor damage without injuries, you may move vehicles to a nearby safe place at the roadside after documenting the scene, so as not to obstruct traffic. Prolonged obstruction without justification can lead to enforcement for causing unnecessary obstruction, even though “obstruction” is not a specific separate charge created by the Road Users’ Code itself.[12 Things to Know About Traffic Offences and Accidents in Hong Kong][GovHK: Handling Emergency Traffic Incidents by Motorists][Transport Department – Traffic Accidents]
- Private settlement: Parties may decide to resolve the matter by a written “Joint Agreement” or settlement form recording the accident details and compensation arrangement, but such an agreement does not prevent the Police from investigating or prosecuting if the case is later reported. Ensure settlement terms are clear and signed by all parties to reduce the risk of later disputes or fraudulent claims.[5. Notifying an insurer | Community Legal Information Centre (CLIC)]
Handling Serious Accidents (Injuries Involved)
- Medical evaluation: Even if you feel fine, it is advisable to seek medical attention, as soft-tissue injuries such as whiplash and concussion symptoms can appear hours or days later; timely medical records are important if you later pursue personal injury claims.[Transport Department – Traffic Accidents]
- Police statement: When providing a statement to Police or the Traffic unit, you have a duty to give your particulars but otherwise should stick to factual descriptions of what you saw and experienced, and you may seek legal advice before giving detailed statements if you risk prosecution.[Road Users’ Code | Community Legal Information Centre (CLIC)][12 Things to Know About Traffic Offences and Accidents in Hong Kong]
III. Legal and Insurance Compliance
- Notify your insurer: Hong Kong law does not itself require you to report an accident to your insurer, but most motor insurance policies require prompt notification (often within 24–48 hours) if you intend to claim, and failure to comply with policy conditions may allow the insurer to deny cover.[5. Notifying an insurer | Community Legal Information Centre (CLIC)]
- Avoid admitting fault: Do not admit liability or sign any document expressly accepting legal responsibility at the scene; questions of fault and liability are determined later based on all the evidence by insurers or the court.[12 Things to Know About Traffic Offences and Accidents in Hong Kong][5. Notifying an insurer | Community Legal Information Centre (CLIC)]
- The claims process: Keep all records such as repair quotations and invoices, towing receipts, medical reports, and correspondence, as these documents are commonly required for insurance claims and any later civil proceedings.[5. Notifying an insurer | Community Legal Information Centre (CLIC)]
Resources & Downloads
- Official PDF Checklist: HK Police Guidelines On Handling Traffic Accidents – Includes guidance and a form for recording particulars at the scene.[police.gov.hk – Info / Doc]
- Safety Reference: Transport Department’s Road Users’ Code – Traffic Accidents – Official guidance on what to do after an accident.[td.gov.hk – Filemanager / Content 172][Transport Department – Traffic Accidents]
🏁 Summary & Action Plan
🚀 The 30-Second Roadmap
✅ STOP IMMEDIATELY – Never leave the scene. It’s illegal under Cap. 374.
🚨 CALL 999 if injuries, major damage, or road obstruction occur.
⚠️ DO NOT MOVE VEHICLES in serious accidents—preserve the scene for police.
📸 DOCUMENT EVERYTHING:
– Photos of scene, damage, license plates, road signs
– Exchange names, HKID/license numbers, phone, and insurance info
– Save dashcam footage (remove SD card!)
📄 REPORT TO POLICE within 24 hours if you didn’t exchange details on-site.
🚑 SEE A DOCTOR even if you feel fine—delayed injuries are common.
📞 NOTIFY INSURER within 24–48 hours.
🚫 NEVER ADMIT FAULT at the scene—let insurers/courts decide.
🧾 KEEP ALL RECORDS: repair bills, medical reports, towing receipts.
💡 Minor accident? If there are no injuries and only slight damage, take photos, exchange particulars, then move vehicles to a safe roadside location to avoid unnecessary obstruction; parties may consider a written private settlement if both clearly agree.[GovHK: Handling Emergency Traffic Incidents by Motorists][Transport Department – Traffic Accidents]
📎 Key Resources:
🔗 HK Police Accident Guidelines (PDF)[police.gov.hk – Info / Doc]
🔗 Transport Dept. Road Users’ Code – Traffic Accidents[td.gov.hk – Filemanager / Content 172][Transport Department – Traffic Accidents]
References
-
[1] Transport Department – Traffic Accidents
https://www.td.gov.hk/en/road_safety/road_users_code/index/chapter_10_emergencies/traffic_accidents/index.htmlSource: td.gov.hk
-
[2] GovHK: Handling Emergency Traffic Incidents by Motorists
https://www.gov.hk/en/residents/transport/safetymeasuresandtips/emergency.htmSource: gov.hk
-
[3] 1. Duty to stop | Community Legal Information Centre (CLIC)
https://www.clic.org.hk/en/topics/traffic_law/What_to_do_when_accidents_happen/Duty_to_stopSource: clic.org.hk
-
[4] Hong Kong e-Legislation
https://www.elegislation.gov.hk/hk/cap374!en/s56?_lang=enSource: elegislation.gov.hk
-
[5] police.gov.hk – Info / Doc
https://www.police.gov.hk/info/doc/tm/Guidelines_On_Handling_Traffic_Accidents_e.pdfSource: police.gov.hk
-
[7] 5. Notifying an insurer | Community Legal Information Centre (CLIC)
https://www.clic.org.hk/en/topics/traffic_law/What_to_do_when_accidents_happen/Notifying_the_insurerSource: clic.org.hk
-
[8] 12 Things to Know About Traffic Offences and Accidents in Hong Kong
https://www.haldanes.com/publications/an-essential-drivers-qa-to-hong-kong-law-and-traffic-offences/Source: haldanes.com
-
[9] Road Users’ Code | Community Legal Information Centre (CLIC)
https://www.clic.org.hk/en/topics/traffic_law/road_users_codeSource: clic.org.hk
-
[10] td.gov.hk – Filemanager / Content 172
https://www.td.gov.hk/filemanager/en/content_172/road_users_code_2020_eng.pdfSource: td.gov.hk