Tsang Chi Keung v. The Queen

CACC000234/1969

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

CRIMINAL APPEAL NO.234 OF 1969

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Coram: Williams, J.

Date of Judgment: 2 June 1969

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JUDGMENT

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1. The accused was convicted in the magistrate's court for soliciting passengers to travel for hire or reward in his car contrary to Reg. (3) of the Road Traffic (Registration and Licensing of Vehicles) Regulations, Cap.220 and fined $25.

2. He was also convicted for using the same vehicle on a road at the same time when not covered by Third Party Insurance contrary to s.4(1) of Motor Vehicle Insurance (Third Party Risks) Ordinance, Cap.272.

3. He appeals against both convictions.

4. There was ample evidence on which the magistrate could convict for soliciting if he believed the police witness. He did believe him. Moreover, in evidence the accused stated that he had gone to the taxi stored in Ice House Street, for the very purpose of soliciting passengers.

5. The evidence showed that the accused was plying for hire. He had gone to a taxi stored to pick-up passengers. The reasonable inference is that he was in the business of carrying passengers and therefore he should have been insured accordingly.

6. This appeal was supported in so far as the conviction for being uninsured is concerned, on the same grounds and by the same arguments as in Criminal Appeal No.246 of 1969. There is no need for me to repeat my judgment in that case which covers the points raised on this appeal.

7. The appeals against both convictions are dismissed.

2nd June, 1969.

Representation:

D.B. Gunston for Appellant.

M.J. Alexander c.c. for Respondent.