Sin Kit Sang v. HKSAR

Read the full judgment text of FAMC 30/2006 on BabelCite. This FAMC judgment was delivered on 25 July 2006.

1. In support of his application for leave to appeal against the conviction of dangerous driving causing death on the substantial and grave injustice limb, the Applicant relies on 3 grounds of appeal.

Case No.FAMC 30/2006
Court
FAMC
Date25 Jul 2006
Judge
Case Document
100%Judiciary

FAMC No. 30 of 2006

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 30 OF 2006 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL
FROM HCMA NO. 1225 OF 2005)

_______________

Between

  SIN KIT-SANG Applicant
  and  
  HONG KONG SPECIAL ADMINISTRATIVE REGION  Respondent

_______________

Appeal Committee : Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ

Date of Hearing : 25 July 2006

Date of Determination : 25 July 2006

_________________________

D E T E R M I N A T I O N

_________________________

Mr Justice Chan PJ:

1.In support of his application for leave to appeal against the conviction of dangerous driving causing death on the substantial and grave injustice limb, the Applicant relies on 3 grounds of appeal.

2.We are not persuaded that any of these grounds are reasonably arguable.

3.We are not satisfied that the trial magistrate had wrongly misused the Road Users' Code or wrongly admitted or relied on the evidence of the expert witness called by the prosecution or that the magistrate was not entitled on the evidence to find that the applicant's driving fell far below that of a competent and careful driver and that it would be obvious to such a driver that such manner of driving was dangerous in the circumstances.  The application is dismissed.

(Kemal Bokhary)
Permanent Judge
(Patrick Chan)
Permanent Judge
(R A V Ribeiro)
Permanent Judge

Mr Daniel Marash, SC (instructed by Messrs Hau, Lau, Li & Yeung) for the Applicant

Miss Mary Sin (of the Department of Justice) for the Respondent