Hong Kong government outlines liability, insurance for autonomous vehicles
Hong Kong's transport chief told lawmakers that existing traffic laws apply to autonomous vehicles, with operators bearing driver responsibilities. Unauthorised advanced driver-assistance systems on Guangdong vehicles crossing into Hong Kong may result in penalties, licence suspension or ban. Third-
The Hong Kong government has provided detailed answers to legislative questions on the development and regulation of autonomous vehicles, covering legal liability, enforcement against unauthorised driver-assistance systems, insurance arrangements and public education.
On legal liability, the Secretary for Transport and Logistics said that existing traffic laws under the Road Traffic Ordinance apply to autonomous vehicles. The definition of “driver” under section 2 of the ordinance covers backup operators physically inside or near the vehicle, or in a remote control room. These operators bear the same legal responsibilities as conventional drivers. Under the Road Traffic (Automated Vehicles) Regulations, pilot licence holders must ensure vehicles are maintained and that automated systems function properly. Liability, whether criminal or civil, will generally fall on the operator, vehicle owner or vehicle supplier, depending on the cause of the accident and evidence presented in court.
Regarding Guangdong vehicles crossing into Hong Kong, the government stressed that any advanced driver-assistance system not approved by the Transport Department cannot be activated on Hong Kong roads. Applicants are reminded of this rule by inspection centre staff, through information notes and by email. Police conduct regular patrols and intelligence-led operations to detect violations. Drivers who use unauthorised systems or take their hands off the wheel may be charged with careless or dangerous driving, facing fines, licence suspension or imprisonment. The Transport Department also reports violations to Guangdong authorities and may suspend or cancel the vehicle's travel permit.
On insurance, the government confirmed that all autonomous vehicles must meet third-party risk insurance requirements under the Motor Vehicle Insurance (Third-Party Risks) Ordinance. The Transport Department is in ongoing discussions with the insurance industry to prepare suitable policies for more advanced stages, such as vehicles without onboard backup operators but with remote operators. If a Guangdong vehicle activates an unauthorised advanced driver-assistance system and causes an accident, third-party coverage for personal injury remains available. Even if the policy excludes such use, the insurer must compensate the injured third party first and may later recover the amount from the policyholder. Property damage claims depend on individual policy terms.
For public education, the Transport Department works with the police and the Road Safety Council to promote road safety through publications, social media and the Road Users' Code, reminding drivers to read their vehicle manuals and stay alert. The written driving test already covers the proper use of driver-assistance systems. The department is considering including related skills in driving instructor training courses, allowing instructors to teach students based on individual needs.