R. v. Leung Chung-kwong

HCMA001171/1996

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 1171 OF 1996

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Coram: Stuart-Moore, J. in Court

Date of hearing: 31 December 1996

Date of judgment: 31 December 1996

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J U D G M E N T

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1. This Appellant was convicted by Ms. Freida Leung sitting as a Special Magistrate at North Kowloon Magistrates' Court on 2nd September 1996, of carelessly driving a light goods van on 23rd October 1995. He was fined $800 with $200 costs. He now appeals against his conviction.

2. His written grounds of appeal, which are set out in the Notice of Appeal, closely resemble what the Appellant has told me this morning and they come to this. Firstly, that the Judge was apparently unaware that the first witness gave evidence that was contradictory and incorrect. Secondly, that a friend of the first witness who had been present at the accident did not attend the court. Thirdly, that the police investigation was not a thorough investigation and so it was unfair to the Appellant. The fourth point is that, having regard to the respective speeds of the two vehicles, it is difficult to see how this Appellant could have been driving in a manner that was careless.

3. All of the matters raised by this appeal were fully canvassed at the trial. This is not a re-trial. I have noted the judgment of the Magistrate. She took into account all of the matters which have been raised today. Her judgment was meticulous and fair, and I can find no fault with it. There is no proper reason that has been given to me which would allow me to interfere with the conviction that has been recorded. In particular, the Magistrate was aware that the Appellant had signed a settlement form showing that he was indicating his willingness to compensate the other driver.

4. In all the circumstances, this appeal must be dismissed.

Representation:

Mr. Y.M. Liu, S.C.C. for Crown.

Appellant in person.