The Queen v. Chau Lai-ching

CACC001504/1983

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1504 OF 1983

_________________

BETWEEN: -

__________

Coram: The Honourable Mr. Justice Jones in Court.

Date of hearing: 29th December 1983

Date of delivery of judgment: 29th December 1983

__________

JUDGMENT

__________

1. This is an appeal by the Crown by way of case stated.

2. On the 31st August 1983 the respondent who was unrepresented pleaded guilty to a charge of dangerous driving causing death contrary to s. 11(3) of the Road Traffic Ordinance and admitted the facts.

3. However, the learned Magistrate refused to accept the respondent's plea of guilty and reduced the charge to one of careless driving.   He purported to do so pursuant to the provisions of s. 11(7) which provides -

"On the trial of any person for an offence under subsection (1) or (3), the court or magistrate may acquit him of that offence and may find him guilty of an offence under section 14 (which relates to careless driving)."

The question of law stated by the learned Magistrate is:-

"Whether I was wrong in law to amend the charge of dangerous driving causing death to one of careless driving in the present case."

Quite clearly the learned Magistrate had no jurisdiction to amend the charge under these circumstances.  If he was not prepared to accept the respondent's plea of guilty on the admitted facts he should have entered a plea of not guilty and proceeded to hear the evidence.  Only at the conclusion of the trial if he had acquitted the respondent could he then reduce the charge to careless driving. Accordingly the question of law that arises is answered in the affirmative. The case is therefore remitted to the learned Magistrate to proceed with the charge of dangerous driving causing death.

Representation:

Mr. F. Wong (Legal Department) for Appellant.

Mr. D. McKenzie Ross (Director of Legal Aid) for Respondent.