Lam Shu-kwan v. The Queen

Case No.CACC 562/1973

Court

Court of Appeal

Date10 Aug 1973

Judge—

Case Document

100%

CACC000562/1973

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 562 OF 1973

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BETWEEN
	LAM Shu-kwan	Appellant
	and
	The Queen	Respondent

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Coram: Cons J. in court

Date of Judgment: 10th August, 1973.

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REASONS FOR JUDGMENT

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1. The Appellant was convicted of failing to stop in response to a red traffic light upon the evidence of a police constable on duty at the intersection between Nathan Road and Argyle Street, Kowloon. The Appellant also gave evidence at the trial, to the effect that he had stopped at the line, but the learned magistrate did not believe him. He has urged three matters before me in support of that evidence but there is no merit in any of them.

2. The reason I allowed his appeal does not arise from those matters, but from the words used by the learned magistrate in his Statement of Findings. He there says that he "preferred" the evidence of the constable to that of the Appellant. It is an unfortunate choice of word and although I think it was probably used per incuriam rather than from a misunderstanding of the required standard of proof, the phrase is repeated twice in the Statement of Findings. In those circumstances I felt it unsafe to allow the conviction to stand.

	(D. Cons)
	Puisen Judge

Representation:

Appellant in person.

...(illegible) . J.B. Harte for respondent.