HKSAR v. Chan Man Wai, Raymond

DCCC 147/2018

[2018] HKDC 1392

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 147 OF 2018

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Reasons for Sentence

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Charges

1.The Defendant pleads guilty to a charge of dangerous driving causing grievous bodily harm (1^st Charge) and used the Vehicle on a road, where alteration was made to its windows and windscreen whereby the ability of their safety glass or safety glazing to transmit light was decreased (2^nd Charge). 

Facts for 1^st Charge

2.Pok Fu Lam Road is a road in Sai Wan, Hong Kong.  It is a road with dual carriageways, northbound and southbound.  At the junction of Pokfield Road and Pok Fu Lam Road (“Location”), there are 3 lanes on the northbound carriageway and 2 lanes on the southbound carriageway on Pok Fu Lam Road.  Traffic markings on both lanes of the southbound carriageway indicate that they were for traffic going “Ahead Only”.  In other words, right turn is prohibited from the southbound Pok Fu Lam Road into the westbound Pokfield Road.  The speed limit at the Location is 50 km/h.

3.At around 10:49 a.m. on 25 July 2017, the weather was fine with good visibility. The road surface was dry and the traffic condition was light at the Location.

4.At the material time, the Defendant was driving a private car bearing registration mark SD 5781 (“Vehicle”) on the 2^nd left lane of the southbound carriageway of Pok Fu Lam Road.  Upon reaching the Location, the Defendant, in breach of the road marking of “Ahead Only” painted on the road, made a right turn at the junction into the westbound Pokfield Road. 

5.The traffic signal on both southbound and northbound carriageways of Pok Fu Lam Road were green at the material time.  Vehicles on all 3 lanes of the northbound carriageway were driving ahead.  As such, the Vehicle was brought to a stop at the junction, in the middle of the northbound carriageway, on an area with yellow box markings.  At this moment, Mr. NG Yun-ting (“PW1”) was driving his motor cycle bearing registration mark TG 2553 (“Motor Cycle”) on the 3^rd left lane of the northbound carriageway and was approaching the Location.  On seeing the Vehicle being stopped in the middle of the carriageway, PW1 tried to swerve towards the left but still failed to avoid a collision with the Vehicle.  The front of the Motor Cycle rammed into the nearside body of the Vehicle.  Both vehicles were severely damaged as a result.

6.After the collision, both PW1 and the Defendant sustained injuries and were admitted to Queen Mary Hospital.  The Defendant was diagnosed with tenderness at the neck and chest, and swelling at his forehead.  The Defendant was discharged after 1 day.

7.PW1 sustained multiple injuries and had fallen into a coma after the accident.  He only regained consciousness after being hospitalised. 

8.Medical reports issued by the Department of Accident and Emergency of Queen Mary Hospital concerning PW1 revealed that:-

(a) both of his thighs were deformed with open wounds, compatible with open fractures of bilateral femoral shafts;

(b) bruises were found in left periorbital region. Multiple lacerations were found in right arm, right knee, left thigh, and scrotum. Abdomen was mildly distended;

(c) pelvic X-ray showed diastasis of pubic symphysis and widened right sacroiliac joint, which was compatible with open book pelvic fracture;

(d) whole-body computed tomography scan showed features of multiple injuries. In the head, left periorbital soft tissue swelling was noted. Left zygomatic arch was fractured. Haematoma was seen around the pubic symphysis and tracking along the preperitoneal space;

(e) fresh blood was found in the left chest drain. Trauma transfusion protocol and tranexamic acid protocol were initiated because of severe bleeding; and

(f) transurethral Foley catheter was inserted and yielded blood stained urine.

9.PW1 was discharged from Queen Mary Hospital on 23 December 2017.  Since then, he needs to walk with a crutch in his daily life.

10.The accident was witnessed by Mr. WAI Siu-ki Terence (“PW2”), a driver on the northbound Pok Fu Lam Road, and Mr. CHAN Wai-hung (“PW3”), a pedestrian standing at the bus stop on the northbound Pok Fu Lam Road near the Location. 

11.When the Police arrived at scene, the Defendant told the officer at scene that as he saw that the traffic light signal was green, he turned right into Pokfield Road.  He did not know that a right turn was not allowed at the Location, and he did not notice whether there were vehicles coming from the opposite carriageway.  Shortly after he made the turn, the Motor Cycle arrived at a high speed and rammed into his Vehicle.

12.According to Mr. MA Chi-hung (“PW7”), Traffic Engineer of the Transport Department, the traffic lights on the southbound and northbound carriageways of Pok Fu Lam Road at the Location would turn green at the same time.  He checked that the traffic lights at the Location were working properly at the material time.

13.Mr. MA confirmed that vehicles driving at the southbound carriageway at the Location are only allowed to drive ahead.

Facts for 2^nd Charge

14.Subsequent Motor Vehicle Examination revealed that the 1^st, 2^nd, 3^rd and 4^th glasses on the windows of both sides and the rear windscreen of the Vehicle were attached with tinted films which reduced the ability of the safety glasses or safety glazing to transmit light.

Mitigation

15.The Defendant is 44 years old, of university education level.  He used to work as a senior officer in a telecommunication company.  He is married with 2 daughters, now aged 8 and 1 respectively.  He is commended as a very responsible father and employee.  The present accident happened just before his younger daughter was born.  As explained by Dr Yu of Union Hospital, his wife had been diagnosed with high-risk complications for childbirth for some time before her expected delivery of early August 2017.  Her condition was only getting worse as the date drew near.  According to his counsel Mr. Li, he was so worried that he could not concentrate on his driving, therefore making an illegal right-turn instead of going straight.  He was dismissed by the company for failing to sign a contract that same day as a result of the accident.  The daughter was born weak with a serious heart problem which had to be operated on as soon as she became strong enough.  This has to wait.  She has to be intensively cared for in the meantime.  He was broken and unable to take up employment.  He had for a period of time harboured suicidal ideation, severe depression and guilt toward the victim and his own children.  He recoiled from society and kept the house whereas his wife began to work as the sales director of a hotel.  

16.Aided by the psychiatrist, he is taking the path of recovery slowly but with good prospect.  

17.The CSO report recommends his service. 

Sentencing this Defendant

18.His wife’s medical condition had affected him tremendously.  It led to his serious misjudgement in driving.  I am to take charge of his punishment but he was doing so far ahead of me and in a more unrelenting way.  While his manner of driving is deeply troubling other road users, his situation indeed calls for much sympathy.  I am satisfied that he is suitable for CSO and I so order 200 hours of it.

19.He is to be disqualified from driving for 2 years and must complete the driving improvement course before retrieving his driving licence.  This is on the 1^st Charge.

20.He is to be fined $1,000 on the 2^nd Charge.