HKSAR v. Li Chau Wing

CACC347/2005

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 347 OF 2005

(ON APPEAL FROM DCCC NO. 1281 OF 2003)

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BETWEEN

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Before : Hon Ma CJHC, Stock JA & McMahon J in Court

Date of Hearing: 20 February 2006

Date of Judgment: 20 February 2006

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JUDGMENT ON SENTENCE

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Hon Ma CJHC (giving the judgment of the Court) :

1.Counsel for both the Secretary for Justice and the Applicant accept that this case is among the most serious of its kind under the offence of careless driving.  This is so given the consequences of the careless driving involving the tragic loss of life.  In the circumstances, the appropriate sentence to be substituted is 5 months’ imprisonment.

2.In relation to the appropriate period of disqualification, Mr Ozorio SC has submitted we should take into account the fact that the Applicant has already spent a significant period of time in prison.  We do take this into account but nevertheless are of the view that the 2-year disqualification period should remain.  The circumstances of the case were, as we have already recorded, very serious and account must also be taken of the Applicant’s previous record which includes another conviction for careless driving.  In our view, the public must be adequately protected and this is reflected in the period of disqualification we order.

Mr Kevin P Zervos, SC & Ms Teresa Kam of the Department of Justice for HKSAR

Mr Michael Ozorio, SC and Mr Raymond Fong, instructed by Messrs Philip K H Wong, Kennedy Y H Wong & Co for the Applicant