R. v. Wong Nai-leung

HCMA001174/1996

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 1174 OF 1996

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Coram: Stuart-Moore, J. in Court

Date of hearing: 27 December 1996

Date of judgment: 27 December 1996

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J U D G M E N T

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1. The Appellant was convicted of careless driving on 16th August 1996 by Mr. K.W. Tam sitting as a Special Magistrate at Tsuen Wan Magistrates' Court. He was fined $3,000 and ordered to pay $1,000 as costs. He now appeals only against his conviction.

2. The Appellant's written grounds of appeal are set out in these terms:

'PW1's evidence is absolutely unreasonable and untrue, which shows that he was telling lies. PW3 and PW4 just told from their feeling that the speed of the vehicle was high. No evidence could prove that. There was a bus full of passengers at the scene, which made it hard for one to travel fast. There are doubts in the evidence. Thus, the incident is an accident and I should be acquitted.'

3. This Appellant is a bus driver and briefly he is accused of having driven his bus closely behind the car in front requiring the frequent application of his brakes to prevent a collision with it. Inside the bus no less than four passengers fell over and two women and a young baby were taken to hospital with slight injuries.

4. The Magistrate listened patiently and attentively to the evidence of five prosecution witnesses and to the Appellant himself, and his approach to the evidence and his assessment of the evidence cannot be faulted. This is demonstrated by his detailed reasons for finding the Appellant guilty. This was an extremely bad case of careless driving and it is quite impossible to see how the Magistrate could have reached any other conclusion.

5. This appeal is dismissed.

Representation:

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

Appellant in person.