The Queen v. Pak Kwan Ho

HCMA000081/1996

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.81 OF 1996

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Coram : Hon Duffy, J. in Court

Date of hearing : 9 February 1996

Date of handing down judgment : 15 February 1996

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J U D G M E N T

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1. This was an appeal against a conviction for speeding. The method of assessing the speed of the appellant's vehicle was by the use of the frozen speedometer on a police motor cycle. The appellant's speed was assessed at 114km/hr. In the course of the appeal, I was advised that when dealing with radar speed checks, the police invariably make a 10% allowance for error. This matter was not considered in this case. It seemed to me that the learned Magistrate ought to have made an allowance for error of at least 5% in this case. She did not do so. Had she done so, she could have found that the appellant's speed was less than 110km/hr. That would have meant that the appellant's speed could be assessed between 15 and 30km/hr more than the speed limit. That speeding offence attracts a three rather than a five points penalty. I therefore allowed the appeal, and substituted the finding that the appellant was driving at a speed 15 to 30km/hr in excess of the speed limit.

2. Because of that, I also felt it right to remove the order for costs. I therefore allowed the appellant to appeal against sentence out of time and removed the order for costs.

Representation:

Mr Wesley W.C. Wong, S.C.C., for Crown

Appellant (Pak Kwan Ho) in person