The Queen v. Tung Koon-ming

HCMA000879/1985

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 879 OF 1985

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BETWEEN

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Coram: O'Connor, J.

Date of Hearing: 14th October, 1985.

Date of Judgment: 14th October, 1985.

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JUDGMENT

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1. The learned magistrate made an order disqualifying the appellant from driving for a period of 12 months and further ordered that it run consecutively to any other disqualification order.

2. Power to make orders run consecutively would require a statutory power, such as the statutory power to order sentences of imprisonment to run consecutively. R.v. Bain (1973) R.T.R. 213, R.v. Meese (1973) R.T.R. 400. There is no such power in regard to disqualification from driving, save in section 44(3) of the Road Traffic Ordinance but that is only in regard to driving while disqualified, or obtaining a licence while disqualified.

3. I allowed the appeal to the extent that the order is to run from 30th August 1985, the date on which the magistrate made the order.

Representation:

Benjamin Chain (King & Co.) for the appellant

Miss Ida Cheung, Sonior Crown Counsel, for the respondent