HKSAR v. Ng Chun Ip

DCCC 314/2024

[2025] HKDC 806

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 314 OF 2024

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REASONS FOR SENTENCE

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1.The Defendant pleaded guilty to 3 charges:-

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

(2)  Driving while disqualified, contrary to section S 44(1)(b)  of the Road Traffic (Driving-offence Points)  Ordinance, Cap 374; 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.

Summary Of Facts

2.On 23 October 2023, the police conducted a roadblock snap check at the junction of Dundas Street and Ferry Street, Yau Ma Tei, Kowloon.

3.The Defendant was driving a private vehicle with a female passenger sitting next to him.

4.At around 8:40 pm, when the Defendant saw the roadblock, he immediately reversed back to Ferry Street and drove away towards the direction of Waterloo Road.

5.The police then gave chase and issued multiple warnings by using loud speaker to tell the Defendant to stop, but he just ignored it.

6.During the course of chasing of the Defendant:-

(a)  he disregarded the road mark by making unauthorized U-turn once;

(b)  ran through red light (2 times);

(c)  changed lanes frequently;

(d)  drove at high speed when the speed limit on the road is 50 km/h.

7.At 8:45 pm, the police vehicle intercepted the vehicle outside 80 Public Square Street, Yau Ma Tei, Kowloon.

8.The Defendant and the female passenger got off the vehicle.  The Defendant attempted to flee, but was intercepted at 8:47 pm.

9.Upon further enquiry, the Defendant was found to be disqualified on 26 March 2023 from driving until 25 March, 2024.  As such, he was not covered by insurance in the present incident.

10.The Defendant was arrested for the 3 offences, under caution, the Defendant said that:-

(a)  Because I am disqualified from driving, I have to flee;

(b)  I know I am disqualified from driving, please give me a chance.

The Defendant’s Criminal Record

11.Since 2013 to 2022, the Defendant has 6 criminal convictions, only the last two convictions in 12/2022 are the same offences as to Charges 2 and 3.

12.He committed the present offences in October 2023.

13.Subsequent to the present arrest, he was ordered to be bound over for a period of 12 months in 2/2024.

14.The traffic record – the Defendant obtained his provisional driving licence in 2019:-

(1)  Careless driving in 2020;

(2)  Driving in excess speed (5 fixed penalty and one conviction);

(3)  Using a mobile phone during driving (4 times);

(4)  Failing to comply with traffic signals (2 times);

(5)  Attended and completed in 1/2022 a driving improvement course ordered by the Transport Department

Background/Mitigation

15.The Defendant is aged 26 and the female passenger is his girlfriend.  The Defendant’s father is 75 (retired)  and his mother is 55, occasionally worked at a restaurant.

16.The Defendant is a construction site worker earning about $15,000 per month.

17.In his mitigating letter to the Court, the Defendant indicated that he is extremely remorseful.  His employer said that he is the breadwinner of the family; he has good work performance and asked for leniency on his behalf.

18.The Defendant was not under the influence of drugs/alcohol at the time of committing the present offences.  The Defendant committed the present offences as he was disqualified from driving and he attempted to evade from police apprehension.

Sentence

19.The maximum sentence for:-

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

(2)  Driving while disqualified under S 44(1)  of the road traffic ordinance, is 12 months imprisonment and a fine at level 3; and a disqualification period not less than 3 years for the second conviction. (S 44(2)(b))

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

Charge 1 – Dangerous driving

20.The defence identified the aggravating features relevant to the degree of dangerousness or culpability of the Defendant’s driving manner, they were as follows:-

(a)  Disregard police’s multiple warnings to stop.

(b)  Disregard a road mark prohibition to make a U-turn once.

(c)  Deliberately and intentionally ran through red light twice.

(d)  Ran away in an attempt to avoid police apprehension.

21.There is no information from the Prosecution as the distance of being persued by the police, but it covered a period of about 3 minutes before the Defendant stopped the vehicle.  The speed limit on the road was 50 km/h, it was accepted by the defence that the highest speed reached at least 80 km/h.

22.We all have seen the video in open Court.  The road condition was not as busy as day time, at least the road was clear from traffic. 

23.In the present case, no one was injuries.  However, the way that the Defendant was driving imposed a great potential risk to his passenger and any other road user.  As said in many cases that a driver in control of a vehicle can turn it into a lethal weapon by driving irresponsibly.

24.When accident occurred, the passenger inside his car would have suffered serious injury or even death.

25.The defence further submitted that:-

(a)  No damage caused to any vehicle and property.

(b)  The Defendant was not under the influence of alcohol or drugs (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).

(c)  No previous record of dangerous driving.

26.Having considered the above factors, I take 2 years as the starting point.  Given 1/3 discount, it comes down to 16 months.

27.The defence agrees that the principle of disqualification order is “forward-looking and preventive” in measure and to protect the general road users.

28.As stipulated in the following 2 cases that the period of disqualification should be longer than the prison term in order to have any real significance or meaningful effect:-

(a)  Secretary for Justice v Hung Ling Kwok[1] at [14].

(b)  HKSAR v Wong Mun Ming[2] at [45].

29.The Defendant is therefore 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.

Charges 2 and 3

Charge 2 – Driving while disqualified

30.Driving while disqualified is clearly a flagrant breach of a disqualification order.  The disqualification order was imposed on the Defendant 7 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

31.In the case of R v Lui Wing Han[3], the Court pointed out 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.”

32.This is the second occasion that the Defendant committed the same offences, he was convicted for the same offences 10 months prior to the present arrest.

33.In such circumstances:-

(a)  I ordered a starting point of 9 months for both Charges 2 and 3 ,

(b)  After 1/3 discount, the sentences come down to 6 months.

(c)  I impose a disqualification order for a period of 3 years both Charges 2 and 3. To take effect from the date of conviction.

Totality

34.I order the sentences in Charges 2 and 3 to run concurrently (a total of 6 months).  Out of which, 3 months to run consecutively to Charge 1 (16 months).  The total sentence is 19 months imprisonment (16 + 3).

35.I also order that all the disqualification periods impose to be run concurrently, starting from today[4]. Thus, the total disqualification period is 3 years.

36.The Defendant is also required to attend the driving improvement course at this own costs 3 months before the disqualification order expires.

37.The Defendant is warned 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.