HKSAR v. Ng Kit Sing

DCCC 988/2023

[2024] HKDC 611

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 988 OF 2023

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REASONS FOR SENTENCE

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1.The defendant plead guilty to three charges:-

(1)  Dangerous driving, contrary to section 37(1)  of the Road Traffic Ordinance, Cap 374;

(2)  Driving while disqualified, contrary to section 12(2)(b)  of the Road Traffic (Driving-offence Points)  Ordinance, Cap 375; and

(3)  Using a motor vehicle without third party insurance, contrary to section 4(1)  and (2)(a)  of the Motor Vehicles Insurance (Third Party Risks)  Ordinance, Cap 272.

The summary of facts

2.At about 2 am on 7 April 2023, the defendant was driving a private car with a passenger on board. At a checkpoint at Choi Hung Road, the police intercepted the defendant’s vehicle, but he suddenly fled and drove at high speed and ultimately collided with another private vehicle near the Wo Yi Hop interchange (inside the tunnel towards Kwai Chung Bound).

3.During the 14 km chased which last for about 10 minutes, the unmarked police vehicle kept on flashing red and blue lights and a siren, The defendant repeatedly disobeyed traffic conditions:-

(a)  The speed limits on the road were 50 or 70 km/h, the defendant was driving at a speed from 60 - 130 km/h. At one time at a speed of 143 km/h in Kwai Chung Road / Kwai On Road when it was raining;

(b)  Overtook other vehicles, repeatedly changing lanes when all the lanes had moving vehicles;

(c)  Disregard hatched road markings;

(d)  Traveling along double white lines;

(e)  Jumped red lights, and

(f)  Driving against traffic.

(g)  When arrived at Ho Fung College, the defendant crossed double white line and drove against traffic into the intersection of Wo Yip Hop Road and entered into a tunnel, collided with another vehicle causing severe damage to both vehicles.

4.The driver in the private car suffered headache and pain in the left side of his body.

5.The passenger in the defendant’s vehicle complained of back and abdominal pain.

6.At the material time, the defendant was subjected to a six months disqualification order imposed under the Road Traffic (Driving-offence Points)  Ordinance, Cap 375.

7.The rental company also confirmed that the vehicle was not rented to the defendant, therefore, he was not covered by a third-party insurance policy at the time of the offense.

Criminal record

8.The defendant has one conviction at the time of commission of the present offences. That was trafficking in dangerous drugs in 2010.

9.Subsequent to his present arrest in April 2023, he was convicted of 7 charges of various offences involved mainly driving offences in August 2023.

Traffic conviction records

10.The defendant obtained his driving licence in 2014, he has

(a)  10 records of driving in excessive speed;

(b)  6 records of failing to comply with traffic signals;

(c)  1 record of careless driving;

(d)  2 occasions of disqualification order under the Road Traffic (Driving-offence Points)  Ordinance in 2019 and January 2023; and

(e)  2 occasions to attend the driving improvement course in 2021 and 2023.

Background

11.The defendant is now 29 years old. He lived with his grandmother, parents, and two elder sisters in a public housing estate. The defendant works as a renovation worker with a monthly salary of around $12,000 per month, he contributes $3,000 to his family for monthly expenses.

12.In his letter to this court, he said that he is very regretful for committing the present offences which have caused great distress to his family. He is also worries about his 90 years old grandmother who has been hospitalized recently due to heart disease.

13.His family members also provide a mitigating letter on his behalf to ask for a lenient sentence.

Sentence

14.The maximum sentence for:-

(1)  Dangerous driving on indictment is 3 years, a fine at level 4, a disqualification period and to attend an improvement driving course;

(2)  Driving while disqualified under the Driving-offence Points Ordinance is 12 months and a fine at level 3; and

(3)  Using a motor vehicle without third party insurance is 12 months, a fine at level 3 and a disqualification period from 12 months to 3 years.

Charge 1

15.We all have the opportunity to see the video clips from the police car camera in the open court. I can see during the 10 minutes of the police chase, the defendant has been driving at very high speed and the police vehicle could hardly catch up with him.

16.The police vehicle was flashing blue and red light with siren, but the defendant simply ignored the police. He jumped red lights, weaved in and out between travelling vehicles and drove on the wrong side of the road against the oncoming traffic.

17.Clearly the defendant knew that he should not be driving at that time as he was under the disqualification order, the reason that he drove away was to avoid the police from arresting him.

18.The total distance was about 14 km covered a period of 10 minutes. The speed limit on the road was 50 to 70 km/h.

19.I can only say that it was sheer luck that there was no serious accident occurred during the chase, otherwise the consequence would be deadly serious and disastrous.

20.As said in many cases that a driver in control of a vehicle can turn it into a lethal weapon by driving irresponsibly.

21.When an accident happened, the passenger inside his car would have suffered serious injury or even death.

22.The passenger in the defendant’s vehicle complained of back and abdominal pain while the driver of other car complained of pain on the left side of his body and had headache. Both of them were discharged from hospital in the following day.

23.The defendant also knew that the police was chasing after him, in such circumstances, he put the police driver in great risk. Even worse, he was driving while in a disqualification period and without third party insurance.

24.It was raining at the material time, the road condition was wet and slippery.

25.The defence said in mitigation that there was no aggravating factor such as drink/drug driving, had it been the case, the defendant’s sentence would be increased by another 50%. I refer to section 37(2D)  of the Road Traffic Ordinance. As such, I do not view it as a mitigating factor.

26.In view of the serious nature of this case and bearing in mind of the maximum sentence is 3 years, I consider that a starting point of 2 years and 3 months is appropriate, given 1/3 discount, the sentence is reduced to 18 months.

27.As the defendant agrees that the principle of disqualification order is “forward-looking and preventive” in measure and to protect the general road users. The defendant is also ordered to be disqualified from driving all vehicles for a period of 3 years and to attend a driving improvement course at his own cost within the 3 months of the expiry period of the disqualification order.

Charge 2 – Driving while disqualified

28.Driving while disqualified is clearly a flagrant breach of an order. The disqualification was imposed on the defendant in 3 months prior to the present offence. He simply took it for granted and continued his way of driving.

Charge 3 – Driving without third party insurance

29.As stated in the judgment of R v Lui Wing Han [1997] HKCU 224 that:-

“Driving while disqualified and hence, without third party insurance, is a very serious offence as other innocent road users who are injured in any traffic accident may be left without any compensation.”

30.That is exactly what happened in the presenting case as the private vehicle was seriously damaged.

31.In such circumstances, I ordered:-

(a)  A starting point of 12 months for both Charge 2 and 3, reduced to 8 months after 1/3 discount;

(b)  I also impose a disqualification order for a period of 3 years for Charge 3.

Totality

32.I order 3 months from Charge 2 and Charge 3 each to run consecutively to Charge 1 in order to reflect the gravity of the offences.

33.I also order that all the disqualification periods impose above to run concurrently, starting from today. Thus, the total disqualification period is 3 years.

34.The defendant should have known if he drives again within the disqualification period and in breach of any order that I have imposed, he will be subjected to prosecution of other offences in the future.