The Queen v. Wong Chi Chuen

HCMA001439/1989

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

MAGISTRACY CRIMINAL APPEAL NO. 1438 & 1439 OF 1989

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BETWEEN

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Coram: The Hon. Mr. Justice Barnes in Court

Date of Hearing: 5 December 1989

Date of Delivery of Judgment: 5 December 1989

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J U D G M E N T

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1. In this case, I have just given reasons as to why I think that it was quite appropriate for the magistrate to make a disqualification order and that it was quite appropriate for him to take the view that this appellant should not be allowed to drive again until he has passed a test demonstrating his competence to drive.

2. The learned magistrate imposed a disqualification for a period of 12 months but there is no doubt from his statement of findings that his main concern was that this appellant should not be allowed on the roads again until he has properly demonstrated a compentence to drive.

3. I think that the aim which the special magistrate sought to achieve can be obtained in another way without being as harsh on the appellant as the magistrate's order. For that reason I would allow the appeal, quash the disqualification order and substitute, therefor, an order disqualifying him from driving for a period of 3 months. I order that he be further disqualified from the date of expiration of that order until the date on which he passes the test of competence to drive prescribed under the Road Traffic Ordinance. To that extent, the appeal is allowed.

Representation:

Mr. Lee Wing-kin (David F.K. Yeung & Co) for Appellant

Mr. Hartmann, C. C. for Crown/Respondent.